2024년 개정 금융회사지배구조법 주요 내용의 평가와 향후 과제 - 보험업을 고려한 관점에서 -

Abstract

Legislation was announced in February 2024 for the revision of the Enforcement Decree and Supervision Regulations, which set out the matters delegated by the Act on Corporate Governance of Financial Companies (hereinafter referred to as the “Financial Companies Governance Act”) and the matters necessary for its enforcement. In addition to the obligation to prepare existing internal control standards so that internal control and risk management of financial companies can operate effectively, the revision of the law imposes an obligation to manage internal control and management of financial companies to constantly check the appropriateness of the standards, compliance with the standards of executives and executives, and whether the standards are operated. It also stipulates “the obligation to prepare and submit an accountability structure of financial companies,” “the obligation to manage internal control of executives and CEO,” “sanctions and responsibility reduction,” and “the strengthening of the board’s internal control and monitoring role.” The law has been in effect since July 2024. This paper aims to examine the main contents of the revised Financial Companies Governance Act, evaluate the contents, and present what needs to be improved in the future. As an improvement task, the supervisory regulation only exemplarily lists basic information to be contained in the accountability description and accountability system, so it is judged that additional guidelines are needed for financial companies to fulfill their obligations to create an accountability structure, and further review is needed to determine whether it is desirable to exclude all outside directors other than the chairman of the board of directors under the revised law. It is necessary to note that if it is interpreted too broadly, responsibilities may be allocated to those who are not appropriate to bear management obligations such as internal control under their authority.