전사적 리스크 관리 하에서의 법률리스크 및 이사회 중심의 관리체계에 관한 연구

Risk management is the daily business process since risk is essentially inherent to management activities. With the enforcement of global financial regulation named Basel Convention and developments of standardized management solution such as COSO’s framework, risk management is of great importance. Traditionally, market risk and credit risk, one of the financial risk, were major concerns. However, operation risk become more and more important after serious financial incidents due to the computerized business and complicated commodity trade with the advancement of IT technologies. It seems that few studies on legal risk have been conducted since risk management is not the main concern of the legal community. Definitions of legal risk are various because there is no separate laws and regulations aiming to manage legal risk. Considering the characters of legal risk, it is difficult to make clear definition. For the common use to non financial institutions, legal risk could be defined as ‘Losses mainly caused by contract issues, interpretation and application of laws, trial⋅judgment, reconciliation⋅mediation⋅arbitration’. Furthermore, It is important to unify the viewpoints of risk between the legal department and the risk managing team while respecting their own ways to work. Early in the operations, it could be a good way to manage the one or two important legal risk within the framework of enterprise risk management. Although the CEO is the last person in charge of enterprise risk management, the management system is centered on the Board of Directors. The Board of Directors is essentially a permanent body with the authority to make decisions about the performance of all the Company's operations, making it the best institution to maintain an integrated view across the enterprise and to effectively manage the enterprise. In addition, since the enterprise risk management system includes management checks and monitoring functions centered on the Board of directors, it can also be expected to activate the functions of the Board of Directors in the course of operation.