금융회사의 지배구조에 관한 법률상 내부통제제도의 개선방안

The sub-prime mortgage crisis that broke out in 2007 triggered a global financial crisis. After the crisis, the importance of corporate governance was emphasized worldwide. In particular, in Korea, the 「Act On Corporate Governance Of Financial Companies」 was enacted on July 31, 2015 and implemented on August 1. 2016. However, despite the legislative efforts to improve the corporate governance, various financial accidents have occurred since the 2010s. In particular, as the CEO of the bank that recently sold a derivative-linked fund(DLF) filed an administrative lawsuit against the supervisory authority’s heavy sanction, there is a controversy over how financial companies should establish and operate internal control standards. COSO defines ‘internal control’ as a control process that provides reasonable assurance to company management in order to achieve company goals. The purpose of internal control is to provide a ‘reasonable assurance’ to the company, not an ‘absolute assurance’. Therefore, in studying the internal control system of financial companies, the purpose and function of such internal control should be considered. This paper intends to suggest how the internal control standards should be prepared. In addition, legislative improvement plan to secure the effectiveness of internal control standards and to strengthen the independence and professionalism of compliance officers who oversees internal control work will be proposed. In particular, since the legislative purpose of the 「Act On Corporate Governance Of Financial Companies」 is to establish a internal control culture based on financial companies’ autonomous responsibility, the revision of the act and institutional supplementation should be actively discussed so that the financial companies can stably establish a corporate culture that actively prepares and complies with internal control standards.