I85PREP
⌘ K
Korea AML Specialist (TPAC) study materials
Korea AML Specialist (TPAC) study resources

Korea AML Specialist (TPAC) practice questions

One question at a time. Build your Korea AML Specialist (TPAC) understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1AML/CFT legal and regulatory framework in Korea

Which statute is the primary legislative basis for anti-money laundering obligations of financial institutions in Korea?

  1. The Personal Information Protection Act
  2. The Banking Act
  3. The Act on Reporting and Using Specified Financial Transaction Information Correct answer.
  4. The Capital Markets and Financial Investment Services Act

Explanation

The Act on Reporting and Using Specified Financial Transaction Information (often called the Special Financial Transaction Information Act) is Korea's core AML statute. It establishes customer due diligence, suspicious transaction reporting, and the Financial Intelligence Unit's authority. Other financial sector laws regulate prudential matters rather than AML duties.

Question 2AML/CFT legal and regulatory framework in Korea

Where is Korea's Financial Intelligence Unit (FIU) organizationally located?

  1. Within the Financial Supervisory Service
  2. Within the Ministry of Justice
  3. Within the Bank of Korea
  4. Within the Financial Services Commission Correct answer.

Explanation

Korea's FIU (KoFIU) is established within the Financial Services Commission as an administrative body. It receives suspicious transaction reports and manages AML supervision policy. The Financial Supervisory Service conducts examinations but is not the FIU's host.

Question 3AML/CFT legal and regulatory framework in Korea

Under the Special Financial Transaction Information Act, within what period must a financial institution report a suspicious transaction to the FIU after becoming aware of it?

  1. Within seven calendar days
  2. By the end of the following quarter
  3. Immediately, and no later than three business days Correct answer.
  4. Within thirty calendar days

Explanation

The Act requires suspicious transaction reports without delay, and in practice no later than three business days from the date the institution identifies the suspicion. The short window reflects the urgency of freezing and tracing proceeds. Longer quarterly or monthly cycles apply to other reporting types, not STRs.

Question 4AML/CFT legal and regulatory framework in Korea

Which threshold triggers a currency transaction report (CTR) for cash transactions under Korean AML rules?

  1. Transactions of 10 million won or more in cash in a single day
  2. Transactions of 50 million won or more in cash in a single day
  3. Transactions of 100 million won or more in cash in a single day
  4. Transactions of 20 million won or more in cash in a single day Correct answer.

Explanation

Korean rules require reporting of cash transactions of 20 million won or more in a single day, aggregated per customer. The threshold is designed to capture large cash movements that may indicate laundering or tax evasion. Reporting is separate from the STR regime.

Question 5AML/CFT legal and regulatory framework in Korea

A customer requests to split a 40 million won cash deposit into three separate deposits at different branches on the same day. What is the institution's primary AML obligation?

  1. File a suspicious transaction report only if the customer admits structuring
  2. Treat each deposit separately and file no report because none individually reaches the threshold
  3. Decline the deposits and close the account without reporting
  4. Aggregate the deposits and file a currency transaction report if the daily total reaches the threshold Correct answer.

Explanation

Korean CTR rules aggregate same-day cash transactions by the same customer, so branch splitting does not avoid reporting. Structuring itself may also generate suspicion supporting an STR. Institutions must not treat branch-level amounts in isolation.

Question 6AML/CFT legal and regulatory framework in Korea

Which body is responsible for supervising and examining financial institutions for AML compliance in Korea?

  1. The Financial Supervisory Service Correct answer.
  2. The Korea Customs Service
  3. The National Tax Service
  4. The Supreme Prosecutors' Office

Explanation

The Financial Supervisory Service conducts AML examinations of financial institutions under the supervisory framework. The FIU sets policy and receives reports, while the FSS performs on-site inspections. Tax and customs agencies have separate mandates.

Question 7AML/CFT legal and regulatory framework in Korea

Which of the following is a required element of a financial institution's customer due diligence under Korean AML rules?

  1. Obtaining the customer's employment history for the past ten years
  2. Collecting the customer's social media login credentials
  3. Verifying the customer's identity using reliable, independent source documents Correct answer.
  4. Requiring the customer to disclose all family members' bank accounts

Explanation

CDD requires identifying the customer and verifying identity through reliable, independent sources. Enhanced measures apply to higher-risk relationships such as PEPs and foreign customers. Collecting unrelated personal data is neither required nor appropriate.

Question 8AML/CFT legal and regulatory framework in Korea

A financial institution establishes a relationship with a foreign politically exposed person. What enhanced measure is most appropriate?

  1. Delay CDD until the first transaction exceeds 100 million won
  2. Rely solely on the customer's self-declaration of source of funds
  3. Obtain senior management approval and apply enhanced ongoing monitoring Correct answer.
  4. Apply standard CDD because PEP status is not relevant in Korea

Explanation

Foreign PEPs are higher-risk customers requiring senior management approval, source of wealth and funds verification, and enhanced ongoing monitoring. Self-declaration alone is insufficient evidence. Standard CDD is not adequate for PEP relationships.

Question 9AML/CFT legal and regulatory framework in Korea

What does Korea's real-name financial transaction system require?

  1. Institutions may open accounts using a corporate alias without identification
  2. Financial transactions must be conducted under the verified real name of the actual party Correct answer.
  3. Only cash transactions require real names
  4. Customers must use a pseudonym for privacy protection

Explanation

The real-name financial transaction system requires that transactions be conducted under the verified real name of the actual transacting party. It is a foundational anti-laundering measure in Korea, introduced to prevent anonymous accounts. It applies broadly, not only to cash transactions.

Question 10AML/CFT legal and regulatory framework in Korea

Which activity is a designated reporting obligation for financial institutions under Korean AML law regarding terrorist financing?

  1. Reporting customer complaints to the National Police Agency
  2. Reporting all foreign currency purchases to the Ministry of Justice
  3. Reporting every wire transfer to the Bank of Korea
  4. Reporting suspected terrorist financing to the FIU alongside suspicious transaction reporting Correct answer.

Explanation

Suspected terrorist financing is reported to the FIU as part of the suspicious transaction reporting regime. Korea implements UN Security Council asset-freezing resolutions through designated procedures. Routine wire transfers and complaints are not TF reports.

Question 11AML/CFT legal and regulatory framework in Korea

What is the function of the Korea Financial Intelligence Unit's suspicious transaction report analysis?

  1. Analyzing STRs and disseminating intelligence to investigative authorities Correct answer.
  2. Prosecuting money laundering cases directly in court
  3. Issuing banking licenses to new institutions
  4. Setting interest rates for financial products

Explanation

The FIU analyzes reported suspicious transactions and shares intelligence with law enforcement and prosecutors. It does not prosecute cases itself, which is the role of prosecutors. Licensing and monetary policy belong to other bodies.

Question 12AML/CFT legal and regulatory framework in Korea

Under Korean AML rules, what is the record-keeping requirement for customer identification data?

  1. Destroy identification records immediately after verification
  2. Retain records only if a suspicious transaction was reported
  3. Retain identification records for at least five years after the relationship ends Correct answer.
  4. Retain identification records for one year after account opening

Explanation

Korean AML law requires retention of customer identification and transaction records for at least five years after the relevant relationship or transaction ends. This supports investigations and supervisory review. Immediate destruction or one-year retention would be non-compliant.

Question 13AML/CFT legal and regulatory framework in Korea

A financial institution suspects that a customer's funds are linked to drug trafficking proceeds. What is the appropriate immediate action?

  1. Refer the matter to the customer's employer
  2. File a suspicious transaction report and consider whether to suspend the transaction Correct answer.
  3. Notify the customer of the suspicion so they can explain
  4. Wait until the customer requests account closure

Explanation

Suspected criminal proceeds must be reported to the FIU promptly, and institutions should assess whether to suspend or delay the transaction. Tipping off the customer is prohibited. Waiting passively or contacting third parties is inappropriate.

Question 14AML/CFT legal and regulatory framework in Korea

Which of the following best describes the role of the Financial Services Commission in Korea's AML framework?

  1. Conducting criminal investigations of laundering
  2. Regulating real estate brokers exclusively
  3. Managing the national budget
  4. Formulating AML policy and overseeing the FIU Correct answer.

Explanation

The FSC formulates AML policy and oversees the FIU, which sits within it. Criminal investigation is a law enforcement function. Budget and real estate matters fall outside its AML role.

Question 15AML/CFT legal and regulatory framework in Korea

What is the primary purpose of Korea's suspicious transaction reporting system?

  1. To enforce foreign exchange controls on imports
  2. To collect taxes on high-value transactions
  3. To verify customers' creditworthiness
  4. To provide the FIU with intelligence on transactions possibly linked to criminal proceeds Correct answer.

Explanation

The STR system channels intelligence about potential money laundering and terrorist financing to the FIU. It is not a tax, credit, or foreign exchange control mechanism. Its focus is criminal proceeds detection.

Question 16AML/CFT legal and regulatory framework in Korea

A bank's AML compliance officer discovers a customer is using a shell company with no apparent business activity to move funds. Which risk factor is most relevant?

  1. The customer's preference for Korean-language documents
  2. Complex ownership structure with no economic rationale Correct answer.
  3. The customer's prompt payment of fees
  4. The customer's use of online banking

Explanation

Shell companies and opaque ownership without economic rationale are classic layering indicators. Prompt fee payment, channel choice, and language preference are not meaningful risk factors. The focus is on the absence of legitimate business purpose.

Question 17AML/CFT legal and regulatory framework in Korea

Which obligation applies to financial institutions regarding the freezing of terrorist assets under Korean implementation of UN sanctions?

  1. Freeze assets only after a court conviction
  2. Notify the designated person before freezing
  3. Ignore UN designations unless separately listed domestically
  4. Freeze designated persons' assets without prior notice and report to authorities Correct answer.

Explanation

Korea implements UN Security Council asset-freezing through domestic designation and requires prompt freezing without prior notice to the target. Prior notice could allow asset flight. Freezing does not await criminal conviction.

Question 18AML/CFT legal and regulatory framework in Korea

What is the significance of the Act on Regulation and Punishment of Criminal Proceeds Concealment in Korea's AML framework?

  1. It governs consumer loan interest rates
  2. It regulates securities listing disclosure
  3. It sets capital adequacy ratios for banks
  4. It criminalizes concealment and disguise of criminal proceeds and provides for confiscation Correct answer.

Explanation

This Act criminalizes concealment of criminal proceeds and establishes confiscation and collection procedures. It complements the reporting regime by providing the criminal law backbone. Capital, interest, and listing matters belong to other laws.

Question 19AML/CFT legal and regulatory framework in Korea

An institution's customer refuses to provide beneficial ownership information for a corporate account. What is the appropriate response?

  1. Proceed with the account using the nominee director's name only
  2. Decline to establish or continue the relationship and consider an STR Correct answer.
  3. Report the customer to the National Tax Service for tax evasion
  4. Accept the refusal and note it in the file without further action

Explanation

Beneficial ownership identification is a CDD requirement; refusal prevents completion of CDD, so the institution should not establish or continue the relationship and should consider reporting. Using a nominee's name alone conceals control. Tax referral is not the AML response.

Question 20AML/CFT legal and regulatory framework in Korea

Which best describes the Korean FIU's international cooperation role?

  1. Directly arresting suspects abroad
  2. Exchanging financial intelligence with foreign FIUs through established channels Correct answer.
  3. Negotiating tax treaties on behalf of Korea
  4. Issuing passports to financial criminals

Explanation

The FIU exchanges intelligence with foreign counterpart FIUs, often under Egmont Group principles and bilateral arrangements. Arrests abroad and treaty negotiation are outside its mandate. Passport issuance is a government immigration function.

Question 21AML/CFT legal and regulatory framework in Korea

Which of the following is an example of a simplified due diligence scenario that Korean rules may permit?

  1. Any customer who opens an account online
  2. Customers who refuse identification
  3. A low-risk product with limited laundering exposure, subject to documented risk assessment Correct answer.
  4. All corporate customers regardless of ownership structure

Explanation

Simplified due diligence may be allowed for demonstrably low-risk situations, but it must be justified by a documented risk assessment. It is not a blanket exemption for online or corporate customers. Refusal of identification cannot be simplified away.

Question 22AML/CFT legal and regulatory framework in Korea

What does the term 'tipping off' refer to in Korean AML law?

  1. Disclosing to the customer that a suspicious transaction report has been or will be filed Correct answer.
  2. Reporting a transaction after the deadline
  3. Closing an account without notice
  4. Sharing aggregate statistics with the FIU

Explanation

Tipping off is the prohibited disclosure to the subject that an STR has been or will be filed. It protects investigations and prevents asset flight. Late reporting and account closure are different issues.

Question 23AML/CFT legal and regulatory framework in Korea

Which supervisory measure may the FSS impose for serious AML compliance failures?

  1. Publication of the customer's personal data
  2. Criminal imprisonment of the compliance officer without trial
  3. Automatic revocation of the customer's accounts nationwide
  4. Institutional warnings, fines, and restrictions on business activities Correct answer.

Explanation

The FSS may impose warnings, fines, and business restrictions on institutions for AML failures. Criminal punishment requires judicial process, and publishing customer data would violate privacy law. Sanctions target institutional compliance.

Question 24AML/CFT legal and regulatory framework in Korea

What is the main purpose of Korea's reporting of large cash transactions separate from STRs?

  1. To enforce lease agreements
  2. To replace customer due diligence entirely
  3. To determine customers' credit scores
  4. To create a systematic data trail of high-value cash movements for analysis Correct answer.

Explanation

Currency transaction reports build a systematic record of large cash movements that the FIU can analyze for patterns. They do not replace CDD or serve credit or lease purposes. The data complements STR intelligence.

Question 25AML/CFT legal and regulatory framework in Korea

A foreign customer with no local ties makes repeated small wire transfers to multiple jurisdictions with no apparent business purpose. Which risk classification is most appropriate?

  1. Exempt because the customer is foreign
  2. High risk requiring enhanced due diligence and possible STR Correct answer.
  3. Low risk because amounts are small
  4. Standard risk requiring no monitoring

Explanation

Repeated cross-border transfers without economic rationale suggest layering and warrant high-risk classification with EDD. Small amounts do not reduce risk when patterns indicate structuring. Foreign status triggers enhanced, not exempt, treatment.

Question 26AML/CFT legal and regulatory framework in Korea

Under Korea's Act on Reporting and Using Specified Financial Transaction Information, which entity is designated as the national Financial Intelligence Unit (FIU)?

  1. The Financial Supervisory Service's Anti-Money Laundering Division
  2. The Korea Financial Intelligence Unit within the Financial Services Commission Correct answer.
  3. The Korea Customs Service's Foreign Exchange Investigation Bureau
  4. The Bank of Korea's Payment Systems Oversight Department

Explanation

Korea's FIU (KoFIU) is established within the Financial Services Commission and serves as the central agency for receiving and analyzing suspicious transaction reports. It is administratively distinct from the Financial Supervisory Service, which conducts examinations, and from the Bank of Korea and Korea Customs Service, which have separate mandates.

Question 27AML/CFT legal and regulatory framework in Korea

Which law forms the core statutory basis for suspicious transaction reporting and customer due diligence obligations of Korean financial institutions?

  1. The Act on Regulation and Punishment of Criminal Proceeds Concealment
  2. The Act on Reporting and Using Specified Financial Transaction Information Correct answer.
  3. The Act on Corporate Governance of Financial Companies
  4. The Banking Act

Explanation

The Act on Reporting and Using Specified Financial Transaction Information is the primary AML statute, setting out STR and CTR reporting, CDD, and record-keeping duties. The criminal proceeds concealment act is a separate penal statute, while the Banking Act and corporate governance act address licensing and governance rather than AML reporting mechanics.

Question 28AML/CFT legal and regulatory framework in Korea

Which authority is empowered to impose business suspension and institutional penalties on a financial institution for serious AML compliance violations under Korean law?

  1. The Financial Services Commission, based on examination results and measures referred by the Financial Supervisory Service Correct answer.
  2. The Fair Trade Commission through corrective order
  3. The National Tax Service through tax assessment adjustment
  4. The Supreme Prosecutors' Office through direct administrative order

Explanation

The Financial Services Commission may impose institutional sanctions such as business suspension and penalty points, typically acting on examination findings and measure referrals from the Financial Supervisory Service. Prosecutors pursue criminal liability, and the tax and competition authorities do not administer AML supervisory sanctions.

Question 29AML/CFT legal and regulatory framework in Korea

A customer at a Korean bank asks to open an account but declines to provide the identity information required under the Act on Reporting and Using Specified Financial Transaction Information. What is the institution's most appropriate course of action?

  1. Refuse to establish the relationship or conduct the transaction Correct answer.
  2. Proceed and rely on the customer's verbal assurance for verification
  3. Accept the account and file a suspicious transaction report instead
  4. Open the account but flag it for later review

Explanation

Korean AML rules require verification of customer identity before establishing a relationship or carrying out certain transactions. If the customer will not provide the required information, the institution must decline the relationship or transaction rather than proceed. Filing an STR is not a substitute for the CDD obligation.

Question 30AML/CFT legal and regulatory framework in Korea

Which body is primarily responsible for examining financial institutions' AML compliance and referring supervisory measures to the Financial Services Commission?

  1. The Bank of Korea's foreign exchange inspection team
  2. The Korea Deposit Insurance Corporation
  3. The Financial Supervisory Service Correct answer.
  4. The Korea Financial Intelligence Unit's analysis division

Explanation

The Financial Supervisory Service conducts on-site and off-site examinations of AML compliance and refers findings and proposed measures to the Financial Services Commission. The KoFIU focuses on receiving and analyzing reports, while the Bank of Korea and KDIC have different statutory functions.

Question 31AML/CFT legal and regulatory framework in Korea

A Korean securities firm's client instructs it to transfer funds to a jurisdiction subject to international counter-measures, and the client's stated purpose does not match its known business. Which action best reflects Korea's obligations regarding proliferation financing?

  1. Apply enhanced scrutiny, consider whether the transaction must be refused or restricted, and report as appropriate Correct answer.
  2. Complete the transfer and note the discrepancy only in the annual internal audit report
  3. Delay the transfer permanently without any record or report
  4. Complete the transfer because the client is already an existing customer

Explanation

Korea implements UN Security Council counter-proliferation measures through its foreign exchange and AML framework, requiring institutions to screen against designated lists and apply enhanced scrutiny. Discrepancies between stated purpose and known activity are a red flag warranting escalation and reporting. Existing customer status does not lower these obligations.

Question 32AML/CFT legal and regulatory framework in Korea

Under Korea's real-name financial transaction system, what is required when a customer conducts a financial transaction?

  1. The customer may use a nominee name if a written power of attorney is filed
  2. The customer may use a trade name for business accounts without identity verification
  3. The transaction may proceed anonymously if the amount is below the reporting threshold
  4. The transaction must be conducted under the customer's verified real name, with identity confirmed against official documentation Correct answer.

Explanation

The real-name financial transaction system requires transactions to be conducted under the customer's actual verified name, with identity confirmed through official documentation. Nominee and trade-name arrangements without proper verification undermine the system, and there is no anonymous exemption for small amounts.

Question 33AML/CFT legal and regulatory framework in Korea

A Korean bank's customer makes a single cash deposit exceeding the threshold set for large cash transaction reporting. What is the institution's primary obligation?

  1. Report the transaction to the National Tax Service as taxable income
  2. Report the transaction to the Korea Financial Intelligence Unit within the prescribed period Correct answer.
  3. Report the transaction to the Bank of Korea for balance-of-payments purposes
  4. Report the transaction only if the customer refuses identification

Explanation

Cash transactions above the prescribed threshold must be reported to the KoFIU within the statutory period, separate from suspicious transaction reporting. These reports are not tax filings and are not conditional on refusal of identification.

Question 34AML/CFT legal and regulatory framework in Korea

A bank's compliance officer wants to verify a corporate customer's beneficial ownership. Which approach best aligns with Korean AML expectations for legal persons?

  1. Identify the natural persons who ultimately own or control the entity and verify that information using reliable sources Correct answer.
  2. Accept the name of the largest institutional shareholder as sufficient
  3. Rely solely on the corporate registry extract without identifying controlling natural persons
  4. Accept the chief executive officer's declaration that no beneficial owner exists

Explanation

Korean AML rules require institutions to identify the natural persons who ultimately own or control a legal person and to verify that information through reliable, independent sources. A registry extract alone or a blanket declaration does not satisfy the requirement to identify controlling natural persons.

Question 35AML/CFT legal and regulatory framework in Korea

Which statement accurately describes the treatment of politically exposed persons under Korean AML rules?

  1. PEP status automatically prohibits any business relationship
  2. Only foreign PEPs are subject to any special measures, and domestic PEPs require no additional steps
  3. Institutions must apply enhanced due diligence to domestic and foreign PEPs, with senior management approval for higher-risk relationships Correct answer.
  4. PEP screening is required only at account closure

Explanation

Korean rules require enhanced due diligence for PEPs, including both domestic and foreign PEPs, with senior management approval and enhanced source-of-funds scrutiny for higher-risk relationships. PEP status does not create an automatic prohibition, and screening must occur during the relationship, not only at closure.

Question 36AML/CFT legal and regulatory framework in Korea

A customer at a Korean insurer is told that a suspicious transaction report has been filed about their account and asks the employee to confirm it. What is the employee's correct response?

  1. Inform the customer of the exact filing date and the analyst's name
  2. Provide a copy of the filed report on written request
  3. Decline to confirm or disclose the report and continue normal handling of the relationship Correct answer.
  4. Confirm the report to reassure the customer

Explanation

Korean AML law prohibits tipping off a customer that a suspicious transaction report has been made or is being considered. The employee must not confirm or disclose the report and should handle the relationship in the ordinary course. Disclosure can itself be an offense.

Question 37AML/CFT legal and regulatory framework in Korea

A Korean asset manager serves a customer whose funds derive from a foreign state-owned enterprise and who holds a senior political party position abroad. Which combination of measures is most consistent with the AML framework?

  1. Treat the customer as a foreign PEP, obtain senior management approval, and establish source of wealth and funds Correct answer.
  2. Rely on the state ownership as proof that the funds are clean
  3. Apply standard due diligence but skip source-of-wealth checks to avoid delay
  4. Treat the customer as an ordinary retail client because the funds originate from a state entity

Explanation

A senior political party position abroad makes the customer a foreign PEP, triggering enhanced due diligence including senior management approval and scrutiny of source of wealth and source of funds. State ownership of the originating entity does not remove the need for these measures.

Question 38AML/CFT legal and regulatory framework in Korea

How does Korea's Act on Regulation and Punishment of Criminal Proceeds Concealment interact with the AML reporting regime?

  1. It applies only to narcotics offenses and no other predicate crimes
  2. It imposes customer due diligence duties directly on financial institutions
  3. It replaces the suspicious transaction reporting duty with a purely criminal procedure
  4. It criminalizes concealment and disguise of criminal proceeds, complementing the preventive reporting duties in the financial transaction information act Correct answer.

Explanation

This act provides the criminal law backbone by punishing concealment and disguise of criminal proceeds, while the financial transaction information act supplies the preventive reporting and CDD duties. The two operate together rather than one replacing the other, and the concealment act is not limited to narcotics.

Question 39AML/CFT legal and regulatory framework in Korea

A Korean bank receives a request from a foreign FIU for information related to a suspicious transaction report. How should the bank proceed?

  1. Decline all foreign requests because Korean law bars any sharing
  2. Respond directly to the foreign FIU with full account details
  3. Provide the information to the foreign FIU only if the customer consents
  4. Route the request through the Korea Financial Intelligence Unit and respond only as authorized under information-exchange arrangements Correct answer.

Explanation

International exchange of FIU-related information is channeled through the KoFIU under its cooperation arrangements, and institutions respond as authorized rather than dealing directly with foreign authorities. Direct disclosure to a foreign FIU would bypass the statutory channel and confidentiality safeguards.

Question 40AML/CFT legal and regulatory framework in Korea

A compliance team is designing monitoring for a customer who splits transfers just below reporting thresholds across several accounts. Which characterization best fits Korean AML analysis?

  1. An issue only if the customer is a foreign PEP
  2. A legitimate cash management technique requiring no review
  3. Structuring to evade reporting thresholds, which is a red flag warranting investigation and possible reporting Correct answer.
  4. A matter solely for the tax authority because each transfer is small

Explanation

Deliberately splitting transactions to stay under reporting thresholds is structuring, a recognized red flag that should prompt investigation and, where suspicion arises, a suspicious transaction report. The small size of each individual transfer does not remove the obligation to look at the pattern as a whole.

Question 41International AML/CFT standards and cross-border obligations

한국 금융회사가 국제자금세탁방지기구(FATF)의 권고를 국내 규제로 전환할 때, FATF 상호평가( Mutual Evaluation)에서 가장 직접적으로 평가받는 것은 무엇인가?

  1. 권고별 기술적 준수와 효과성 즉시 결과(outcome) Correct answer.
  2. 권고 문구의 국문 번역 정확성
  3. 자국 금융회사의 자산 규모
  4. 회원국 간 정보공유 협정 체결 건수

Explanation

FATF 상호평가는 각국이 40개 권고를 기술적으로 준수하는지와 함께 자금세탁·테러자금조달 위험을 실제로 줄였는지(효과성)를 함께 평가한다. 효과성 평가는 즉시 결과(immediate outcome)와 그 결과를 뒷받침하는 핵심 요소로 구성된다. 따라서 번역 정확성이나 협정 건수, 자산 규모는 직접적 평가 대상이 아니다.

Question 42International AML/CFT standards and cross-border obligations

FATF 권고상 '지정 비협조 국가·지역(high-risk jurisdictions subject to a call for action)'에 대한 회원국의 조치는 무엇인가?

  1. 일반 실사로 충분하며 별도 조치 불필요
  2. 거래 금지 또는 상응하는 대응조치(counter-measures) 적용 Correct answer.
  3. 해당 국가 기업과의 거래를 자동 승인
  4. 강화된 실사만 적용하고 거래는 자유롭게 허용

Explanation

FATF는 가장 높은 위험군으로 분류된 관할권에 대해 회원국이 강화된 실사뿐 아니라 거래 제한·금지 등 상응하는 대응조치를 적용하도록 요구한다. 이는 억제 효과를 통해 해당 국가의 제도 개선을 유도하기 위한 것이다. 단순 강화 실사만으로는 충분하지 않다.

Question 43International AML/CFT standards and cross-border obligations

FATF 권고 16(전신송금)에 따라 송금기관이 지켜야 하는 '여행규칙(travel rule)'의 적용 기준 금액은?

  1. 미화 10,000달러 또는 유로 10,000달러 초과
  2. 미화 1,000달러 또는 유로 1,000달러 초과 Correct answer.
  3. 금액 제한 없이 모든 전신송금
  4. 미화 3,000달러 또는 유로 3,000달러 초과

Explanation

FATF 여행규칙은 미화·유로 1,000달러를 초과하는 전신송금에 대해 송금인과 수취인 정보를 함께 전달하도록 요구한다. 이 기준은 2012년 권고 개정 이후 강화된 것으로, 이전의 3,000달러 기준을 대체했다. 10,000달러 기준은 현금거래 보고 기준과 혼동한 것이다.

Question 44International AML/CFT standards and cross-border obligations

FATF 권고 10(고객확인)에 비추어 볼 때, 신규 고객과의 거래 개시 전에 반드시 완료해야 하는 것은?

  1. 거래 내역의 5년 보관
  2. 정치적 노출인물(PEP) 여부 확인만 수행
  3. 고객 신원 확인 및 실소유자 확인 Correct answer.
  4. 의심거래보고서 제출

Explanation

권고 10은 고객과의 업무관계 수립 또는 일회성 거래 수행 전에 고객확인을 완료하도록 요구한다. 고객확인에는 신원 확인, 실소유자 식별, 목적·의도 파악이 포함된다. 기록 보관은 권고 11, 의심거래보고는 권고 20의 문제이다.

Question 45International AML/CFT standards and cross-border obligations

FATF 권고 20에 따른 의심거래보고(STR)의 핵심 원칙으로 옳은 것은?

  1. 의심거래보고는 금액 기준을 초과할 때만 의무화된다
  2. 의심거래보고서는 반드시 형사소추 자료로만 사용해야 한다
  3. 보고 전에 반드시 고객에게 보고 사실을 통지해야 한다
  4. 보고 의무자는 선의로 보고한 경우 책임으로부터 보호받아야 한다 Correct answer.

Explanation

권고 20은 금융기관이 의심거래를 신속히 보고하도록 하고, 선의로 보고한 기관과 임직원이 법적 책임에서 보호받도록 요구한다. 또한 보고 사실을 고객에게 알리는 'tipping-off'는 금지된다. 의심거래보고에는 금액 하한이 없다.

Question 46International AML/CFT standards and cross-border obligations

FATF 권고 12(정치적 노출인물)에 따라 외국 PEP와의 업무관계에 적용해야 하는 조치는?

  1. PEP와의 거래를 전면 금지
  2. PEP 확인을 최초 거래 시에만 수행
  3. 고위 경영진 승인, 자금 출처 확인 등 강화된 실사 Correct answer.
  4. 일반 고객과 동일한 실사 적용

Explanation

권고 12는 외국 PEP에 대해 위험 기반 접근에 따른 강화된 실사를 요구하며, 여기에는 고위 경영진의 승인, 자금·재산 출처 확인, 지속적 모니터링 강화가 포함된다. 거래를 전면 금지하는 것은 아니며, 위험 평가 결과에 따라 조치 수준이 달라진다.

Question 47International AML/CFT standards and cross-border obligations

FATF 권고 13(신규 기술)의 취지에 가장 부합하는 설명은?

  1. 신규 기술은 위험이 낮으므로 규제 대상에서 제외한다
  2. 가상자산은 AML/CFT 규제 범위에 포함되지 않는다
  3. 신규 기술 도입 시 고객확인 의무를 면제한다
  4. 신규 기술의 위험을 사전에 평가하고 완화 조치를 마련해야 한다 Correct answer.

Explanation

권고 13은 금융기관과 지정 비금융사업자가 신규 사업 관행, 전달 메커니즘, 기술의 도입 전후에 자금세탁·테러자금조달 위험을 식별·평가하고 적절한 완화 조치를 취하도록 요구한다. 신규 기술이 규제 면제를 의미하지는 않는다.

Question 48International AML/CFT standards and cross-border obligations

FATF 권고 15에 따라 가상자산 서비스 제공자(VASP)에 적용되는 등록·인가 요구의 근거는?

  1. 자금세탁·테러자금조달 방지를 위한 감독기관 등록·인가 Correct answer.
  2. 일반 회사법상 상장 요건
  3. 자발적 업계 협회 가입
  4. 세무당국의 사업자등록

Explanation

권고 15는 VASP가 자금세탁·테러자금조달 방지 목적의 등록 또는 인가를 받고 감독기관의 감독을 받도록 요구한다. 이는 가상자산의 익명성과 국경 간 이동성을 고려한 것이다. 세무등록이나 협회 가입은 AML/CFT 감독 요건이 아니다.

Question 49International AML/CFT standards and cross-border obligations

FATF 권고 8(비영리단체)이 요구하는 접근 방식으로 가장 적절한 것은?

  1. 비영리단체의 해외 송금을 전면 금지
  2. 모든 비영리단체를 고위험으로 분류해 금융거래를 차단
  3. 위험 기반 접근으로 테러자금조달 악용 위험이 높은 단체에 감독 집중 Correct answer.
  4. 비영리단체를 AML/CFT 규제 대상에서 제외

Explanation

권고 8은 비영리단체가 테러자금조달에 악용되지 않도록 위험 기반 접근을 적용하고, 위험이 높은 부문에 감독과 정보 제공을 집중하도록 요구한다. 과도한 제한은 정당한 자선 활동을 위축시키므로 지양된다.

Question 50International AML/CFT standards and cross-border obligations

FATF 권고 1의 '위험 기반 접근(risk-based approach)'에 대한 설명으로 옳은 것은?

  1. 모든 고객에게 동일한 수준의 실사를 적용해야 한다
  2. 위험이 높을수록 강화된 조치를, 낮을수록 간소화된 조치를 적용한다 Correct answer.
  3. 위험 평가는 규제기관만 수행한다
  4. 위험이 낮으면 고객확인을 완전히 생략할 수 있다

Explanation

위험 기반 접근은 자금세탁·테러자금조달 위험의 정도에 비례해 자원을 배분하고 실사 수준을 조정하는 원칙이다. 위험이 높으면 강화된 실사, 낮으면 간소화된 실사를 적용할 수 있다. 다만 간소화 조치도 최소한의 기록과 모니터링을 포함한다.