Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

Regarding financial audits, who bears the legal responsibility?

Legal IntellectualViews10,109

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

A

Answer to Related Inquiry

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.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney YoungHeum KIM

YoungHeum KIM

T. 070-5221-2387

Experience as a prosecutor at the Busan High Prosecutors' Office and chief prosecutor at the Seoul Western District Prosecutors' Office

Attorney HanSik CHOI

HanSik CHOI

T. 070-5221-2387

Legal team leader/executive director experience at banking and financial companies

Attorney DaeSu KIM

DaeSu KIM

T. 070-5221-2387

Advisory and litigation representation for Credit Guarantee Fund, etc.

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat