금융사고 방지를 위한 금융회사 컴플라이언스제도 검토*-미국, 영국, 싱가포르, 일본 등 해외 입법례 비교·검토를 중심으로

According to the statistics of the Financial Supervisory Service, more than 450 financial accidents have occurred in the past five years, and the amount of damage is more than 1.1 trillion won. And most of these financial accidents are evaluated as compliance failure cases that can be sufficiently prevented if compliance, such as fraud, embezzlement, and breach of trust, has worked properly. Most financial companies require a stock company to be in the form of a stock company as a requirement for entry regulation, because a stock company is subject to the strictest governance regulations among companies under commercial law. In addition to the commercial law regulations required of general stock companies, financial companies require a higher level of compliance than general stock companies. Nevertheless, financial accidents are continuing. Accordingly, the Financial Services Commission revised the Financial Companies Governance Act on January 2, 2024, and took effect on July 3, 2024. The most important contents of the 2024 revised Financial Companies Governance Act are the introduction of an accountability structure, the assignment of the CEO's general obligation to control internal, and the strengthening of the board's responsibility for internal control. The revised 「Act on Corporate Governance of Financial Companies」 aims to strengthen the board's monitoring role on internal control to operate a responsible internal control system for financial companies and improve the awareness of internal control of executives and employees, and to clearly give individual executives of financial companies their internal control management obligations and responsibilities in advance. The most notable thing is the accountability structure, and the main content is to clarify responsibility by submitting a document to the Financial Services Commission stating the distribution of responsibilities by functions of financial company executives. This system is being implemented in the UK and Singapore, and it was borrowed according to the situation in Korea through the revision of the Financial Companies Governance Act in 2024. However, despite these strict regulations, financial accidents continue to occur, and even financial institutions submitting accountability structures under the revised Financial Companies Governance Act in 2024, so discussions to improve financial companies' compliance are needed continuously. In this paper, I would like to review ways to improve the compliance system of financial companies, focusing on the Financial Companies Governance Act. To this end, the systems of the United States, the United Kingdom, and Singapore were briefly examined in comparative law.