전자금융거래법상 전자자금이체에 관한 연구

Abstract

(1) Korean Electronic Financial Transactions Act(hereinafter cited “the Act”) which was promulgated as law No. 7929 on April 28th, 2006, has a great meaning in the fact that it will give good guide lines to solve the problems relating to many kinds of electronic financial transactions(including electronic fund transactions). The legal problems of the electronic financial transactions were regulated by contracts and Civil & Commercial Codes until the Act was promulgated. (2) But the Act has many problems as followings : 1) The definitions of “electronic financial transactions”, “electronic payment transactions”, “electronic fund transfers” and so on(the Act Art. 2 No. 1, No. 2, No. 12) are unclear. 2) The meaning of electronic fund transfer is too narrow. 3) The stipulations about the rights, obligations and responsibilities of transactions parties are too poor. 4) The provisions relating to the responsibility of financial institutions arising from the electronic financial transactions are unsystematic and unclear. (3) I hope the Act will be amended more systematically and more richly in contents soon afterwards.