외부감사인의 부실감사와 미필적고의

Financial information, of which representation can be shown with accounting data, plays a crucial role in the modern capital market. However, as companies disclose financial information about the nature of public goods, an incentive may exist for companies to use it to gain an unfair advantage. The laws aiming at preventing thereof include provisions on punishment and damages compensation, in addition to various systems such as obligating audits by external auditors. However, false and defective disclosures of financial information have not been eradicated likely due to the gap between the legal perspective and the perspective of accounting audits. In the event of false audits, punishment is imposed on external auditors in the case of false audits only when there is willfulness, in addition to punishment on the company. However, willful negligence on false audits has been increasingly acknowledged, which should be improved considering the ambiguous accounting processing standards and accounting audit standards. There is a possibility of inquiring liability on results if false audits are deemed as willful negligence. In addition, considering the ambiguous accounting audit standards, acknowledging willful negligence may include a logical leap. In particular, because external auditors do not presuppose specific opinions in forming audit opinions, it is necessary to verify and prove all opinions. Moreover, if willful negligence is widely recognized, it is difficult for external auditors to predict liability, who will inevitably avoid audit work. Thus, legal improvements should be implemented including abolishing criminal penalty on false audits, strengthening liability for damages, introducing economic profit standards to determine false audits and accounting fraud, and supporting appropriate accounting audits such as the burden of proof on accounting audit standards in the law while fully disclosing predictive information and reducing liability.