경제 환경 변화에 따른 감사제도의 전면 개정 필요성에 관한 소고

Various studies have long been conducted by many scholars on what is the desirable constitutes and role of audit body in corporate governance. This paper is based on the preceding studies so far, and it was intended to proceed with the study for the improvement of the audit system by focusing on the change in economic environment. for that, the necessity of complete revision of the audit system under the commercial law after examining recent trends in the enactment and revision of the Special Act on companies' reality and audit is proposed. Firstly, this paper examined the direction of the revision of the audit system. The system should be designed so that independent auditors can be appointed from controlling shareholders, and it should be improved in a way that strengthens the function of internal audits, but the latest economic situation has to be considered together. Next, the problems in the audit system of unlisted companies were pointed out and measures to improve them were proposed. Under Commercial Law, small unlisted companies whose capital is less than 1 billion are exempt from obligation to appoint audit. It means 93.8 percent of all unlisted companies are exempt from obligation to appoint audit. Therefore, this paper proposed that the audit appointment obligation should be revived in the case of unlisted companies, but exceptions to be made in the case of start-up companies or one-person corporations. Also, it proposed that the 3% limit on voting rights be applied to secure independence in the appointment of auditors even when unlisted companies form an audit committee. Lastly, the problems in the audit system of listed companies and proposed measures for improvement were pointed out. Under commercial law, the audit committee system Focused on outside directors is not only difficult to say that it fits to our companies' reality in terms of the effectiveness of the audit, but the audit committee system also conflicts with the independence of the selection of the audit committee members. Therefore, it is necessary to eliminate mandatory regulations for audit and audit committees by asset size, making it voluntary to select, install full-time audit if audit is selected, and make separate selection if audit committee is selected to ensure independence of audit. Also, it proposed that all listed companies should appoint members of the audit committee at a general meeting to enhance the independence of the audit committee, and that simply 3% voting rights to be applied to all shareholders. In addition, proposals on the authority to appoint external auditors be granted to the Audit or Audit Committee, that the internal audit departments be arranged directly under the Audit Committee, that the personnel of the internal audit departments be expanded and the audit functions be strengthened are made.