<긴급공지> AICPA협회 한국 내 문제유출로 인한 지적재산권침해에 대한 중징계 조치

 

AICPA(미국공인회계사협회)는 정기적으로 출간하는 협회보 ‘The Uniform CPA Examination ALERT’-Fall 2009호를 통하여 현재 한국 내에서 행하여지고 있는 미국공인회계사시험문제 유출의 심각성을 지적하면서 이러한 행위가 공정하고 일관적인 시험을 치루게하는 가치를 훼손하고 있다고 하였다. AICPA협회는 시험문제유출과 깊이 관련된 학원과 강사를 상대로 형사소송을 제기 한 상태이며, 2009년 1월 약식기소로 강사는 이미 유죄판결을 받았으나, 관련학원은 재판결과에 불복하여 항소한 상태로 현재 계류 중이라 밝혔다. 하지만 미국공인회계사협회는 본 사건으로 관련학원과 강사는 향후 어떠한 문제유출관련된 불법행위에 대해서는 더욱 강력한 처벌을 받게 될 것이라 밝혔다.

 

관련내용은 아래와 같습니다.

Indictments of Guilt Issued In Korea For Violation of AICPA Copyright

 

In January 2009, the Seoul Central District Prosecutor’s Office in South Korea issued summary indictments of guilt for violation of copyright against a professor and the coaching school that employs him.The issuance of the indictments was the culmination of a significant effort by AICPA to address the infringement of examination materials in South Korea.“We view this as a major victory for the Uniform CPA Examination,” says Craig Mills.“We also believe that it sends an important message – that we are vigilant and will take strong measures to prevent, identify, and stop examination security violations.”

The event that led to the criminal prosecution and issuance of the summary indictments was the discovery of notes left behind by a candidate at a test center located in Guam.The notes were linked to the coaching school and included Uniform CPA Examination questions.The AICPA determined that some of the examination questions in the notes were “live” – currently on the operational examination – while others were disclosed questions.The AICPA discloses a number of retired Uniform CPA

Examination questions every year to review course providers who have entered into licensing agreements with the AICPA.Neither the coaching school nor the professor is a party to such a licensing agreement and, therefore, neither was entitled to use disclosed questions.Needless to say, AICPA considered the school’s disclosure of “live” examination questions as an even more serious matter.

In order to learn more about the school’s practices – in print, online, and in the classroom – the investigation was extended to Korea.Eventually, criminal charges were filed.On January 28, 2009, the Prosecutor’s Office issued the summary indictments of guilt against the professor and the school.Fines were levied against each party for copyright violation.The existence of the summary indictments means both the school and the professor now carry a criminal record and will face even greater criminal penalties for any future unlawful activity.

Following the issuance of the summary indictments, it has been determined that the professor does not hold a CPA license although he holds himself out to the public as being a CPA.It appears that he has represented himself as a CPA on the sole basis that he previously passed the Uniform CPA Examination.Meanwhile, the coaching school has appealed the summary indictment issued against it, and the appeal is pending.The professor did not appeal his summary indictment.

 

출처: http://www.cpa-exam.org/alerts/download/cpaalertfall09.pdf (2쪽 참조)