Legal Intellectual
Daeryun specialist lawyers will answer your questions.
Q
Regarding financial audits, who bears the legal responsibility?
Views10,109
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
Answer to Related Inquiry
Author: 김국일
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

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
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


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View more
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
Key Case Studies
View moreRelated Practice Areas
View moreConsult in other languages
Popular Columns
View moreFrom the Definition of an Audit to Its Subjects and Purposes: External Auditing from A to Z

Types of Accounting Misconduct, Punishment under the External Audit Act, and Liability for Damages

The Scope of Services of a Tax and Accounting Office and the Criteria for Choosing One

Key Indicators in Accounting Analysis and How to Prepare a Report

Embezzlement Findings in Accounting Audit Reviews: Case Examples and Six Checkpoints

Do you have more questions?












