자금세탁방지제도 상의 실제소유자 확인의무에 대한 연구

A study on due diligence for beneficial owner of Anti-Money Laundering

Recently ACT ON REPORTING AND USING SPECIFIC FINANCIAL TRANSACTION INFORMATION was amended as a reinforcement activity of Anti-Money Laundering and the revised act is already in the process of being implemented since January 1, 2016. The large feature of the revised act is that the Customer Due Diligence of financial institution is strengthened. That is, by the revised act, the financial institution must identify and verify the "beneficial owner" of the customer. By the revised act the beneficial owner means the natural man who finally governs or controls the customer(natural man or corporate body or organization). Especially, the revised act is regulating complex rules in case the customer is corporate body or organization. As the revised act, the natural man who is holding controlling interests up to 25% of the corporate body or organization, substantially controlling the corporate body or organization by other means beside the controlling interests, etc. are the beneficial owner of the customer. The enhanced customer due diligence is necessary to block every criminal behavior just like international terrorism which is increasingly cruel and widely occurred. However, with the enhanced due diligence, the financial institution has to undertake work overlord. And in the process of collection of the individual information, personal privacy invasion problem would be arised. In this study I would check the customer due diligence of AML, the main contents and problems of the recently revised ACT ON REPORTING AND USING SPECIFIC FINANCIAL TRANSACTION INFORMATION and suggest the rational improvement plan.