Debate Over 'Ostem' Bank Responsibility... "Internal Corporate Controls" vs "Failure to Detect Abnormal Transactions"
Rising Calls for Bank Accountability in Ostem's Massive Embezzlement Case on Online Communities
Criticism Arises That Anomalous Transaction Detection System Should Have Been Activated in Advance
Financial Sector Lacks Pre-Detection Function for Corporate Transactions... Banks Unfairly Blamed for Corporate Internal Control Issues
Financial Authorities Monitoring Possible Financial Statement Revisions
[Asia Economy Reporter Lee Kwang-ho] Controversy is brewing over the responsibility of banks surrounding Ostem Implant, where a massive embezzlement case amounting to 188 billion KRW has occurred. Criticism has arisen that banks failed to detect suspicious transactions in advance during the process of large sums of money being transferred from the company to personal accounts. The financial sector holds the view that blaming banks is excessive, arguing that it is an issue of the company's internal controls.
On the 5th, posts criticizing Ostem Implant's negligence in management and condemning the banks' complacent response have been appearing on internet portal site cafes and stock forums.
User win***** wrote on a portal site’s Ostem Implant stock board, "Could the bank officer not have noticed the suspicious fund movements?" and added, "It makes no sense that the bank was unaware." A member of a community related to Ostem Implant also pointed out, "If banks failed to suspect during the process of large deposits and withdrawals, that is also a problem," and stated, "The banks bear responsibility as well."
In response, banks maintain that they cannot intervene in corporate fund transfers. A representative from a creditor bank explained, "Unlike individuals, corporate accounts do not have limit restrictions or warning systems for large transactions," adding, "Since large payments occur frequently and the company itself has credibility, banks cannot intervene in fund transfers that follow proper procedures." Another bank official said, "Corporations operate bank accounts with hundreds of billions to trillions of KRW, so it is difficult to detect large withdrawals at once," and insisted, "This incident is a matter of the company's internal controls and unrelated to the banks."
The Korea Financial Telecommunications & Clearings Institute (KFTC) and the Financial Intelligence Unit (FIU) expressed similar positions to the banks. A KFTC official said, "The network KFTC holds is an interbank transfer network, so if the remittance is to another bank, records remain, but if it is within the same bank, it cannot be known," and added, "Monitoring or supervising suspicious transactions arising from large amounts moving regardless of personal or corporate accounts is not KFTC’s duty."
An FIU official stated, "According to the Act on Reporting and Using Specified Financial Transaction Information (Special Financial Transactions Act), if there are suspicious or large transactions in transfers or other financial dealings, the financial institution must report to the FIU," and added, "The FIU analyzes and judges the related content after receiving reports, but cannot confirm whether a financial institution has reported or not." Article 5, Paragraph 1 of the Special Financial Transactions Act stipulates that when reporting or attempting to report, the fact must not be disclosed to others, including the counterparties of the related financial transactions. Violation of this is subject to criminal penalties.
The financial authorities have begun monitoring whether Ostem Implant will revise its financial statements. However, they stated that they have not decided to review the cancellation of the registration of Induk Accounting Corporation, Ostem Implant’s designated audit firm, nor have they initiated an investigation into allegations of false submission of the third-quarter financial statements last year.
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Meanwhile, according to the Financial Supervisory Service’s electronic disclosure system, as of the end of the third quarter last year, Ostem Implant’s borrowings from banks amounted to the 300 billion KRW range. Among these, short-term borrowings due within one year amount to approximately 100 billion KRW, and the bank that lent the most short-term funds to Ostem Implant is KDB Industrial Bank (28 billion KRW).
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