전자금융사고의 책임원칙에 대한 연구

Abstract

Recently, electronic financial transactions using electronic devices take up over 50% of all transactions and as current situations call for appropriate measures in response to the growth of electronic financial transaction, the ‘Electronic Financial Transaction Act’has become effective since January 1st, 2007. The reality shows a sharp decline in transactions at bank windows while transactions using internet banking and electronic devices increase. Prepaid and debit electronic payment methods are advancing and new payment methods such as mobile banking and IPTV payment services and expanding even as we speak. To this end, electronic finance accidents are becoming more intelligent and professional, leading to a surge in electronic financial crimes caused by leakage in private and credit information. This has become a serious social problem. Regarding such issues in electronic financial transactions, the ‘Electronic Financial Transaction Act’ recognizes absolute liability of financial institutions in matters of obligations between the institution and users and places the primary responsibility upon the financial institutions in its relationships with third-party companies. The law imposes strict responsibilities in comparison to its foreign counterparts(§9 of the Korean Electronic Financial Transaction Act). However, financial institutions hold the position of ‘IT User’ along with end users and when financial accidents occur where both parties have absolute liability, the law needs to be amended in order to reflect the fact that the financial institution may be the victim rather than the aggressor. That is, the approach should be one that reduces the occurrences of electronic financial accidents as well as dividing losses by way of minimizing losses in these accidents and strengthening management responsibilities of all related parties. Therefore, in the face of an electronic financial accident, policy should stipulate that the financial institution recognize full liability regarding responsibilities between the institution and the end user. However, individual limits of responsibility should be set by dividing individual and corporate users, while transition should be made toward regulations that impose proportionate liabilities between the electronic financial institution and the subsidiary institution.