Practice Areas
Our People
News & Resources
Book Consultation

Q
Views10,016
I have a question regarding financial audits. If a problem arises in the internal accounting control system after a financial audit, who among the representative director, the executive in charge of finance, the internal accounting control officer, and the external auditor bears the legal responsibility? When an accounting error or fraud arises due to inadequate internal controls, what is the scope of legal responsibility of each responsible person, and how is the possibility of bearing criminal and civil liability divided?
Financial audit
Accounting
External audit
Answer
Published:
Author : Kuk Il KIM
Hello. I will answer your question regarding financial audits.
If a problem arises in the internal accounting control system, the representative director, the executive in charge of finance, the internal accounting control officer, and the external auditor may all bear legal responsibility, and the scope of each person's responsibility varies depending on their role and whether they fulfilled their obligations.
As the highest responsible person for the operation of the internal accounting control system, the representative director may bear civil liability for damages and criminal punishment if an accounting error or fraud arises due to neglect of this responsibility.
Criminal punishment for accounting errors and accounting fraud may be aggravated where it is intentional.
Where accounting fraud is committed intentionally, a person may be subject to imprisonment for not more than 10 years, and where false financial statements are prepared and disclosed in violation of the External Audit Act, a person may be subject to imprisonment for not more than 7 years or a fine of not more than 70 million won.
The executive in charge of finance and the internal accounting control officer are responsible for designing and operating the internal control system, and if they neglect this or commit fraud, they may be subject to criminal punishment for breach of trust or embezzlement, and civil liability for damages may also arise.
The external auditor has a duty to independently audit the appropriateness of the financial statements, and if the auditor overlooks an internal control deficiency despite being aware of it, the auditor may bear criminal punishment and civil liability for damages.
Because the allocation of responsibility related to a financial audit differs depending on each person's role and whether there was negligence, if a problem arises, it is important to respond carefully with the advice of a legal expert in financial audits.

Accounting Supervision 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0