명의도용 전자금융거래와 금융소비자 보호 방안 - 서울중앙지방법원 2022. 4. 5. 선고 2021가단16087 판결 중심으로 -

Abstract

The Judgement acts as a judgement criterion for implementation of identity verification, or damage prevention obligation carried out by financial companies during electronic financial transaction, presenting ‘Untact real-name verification method’, a definite criterion, significant in taking concern of the imputation of the holder when deciding justifiable ground in accordance with Article 7 (2) (ⅱ) of the Electronic Documents Act. However, in presence of visual identity inspection, lies concern of the effect of electronic financial transaction to be vested in the holder even when one’s title had been stolen by deception. In addition, despite the mentioning of suspicious reasons and degree of culpability, realizing the exemptions being made to all responsibilities belonging to financial companies along with intentional cases of the users, it was necessary to point out the lack of appliance of the legislative intent in Article 9 of Electronic Financial Transactions Act in purpose of protecting financial consumers. To apply legal principles of apparent authority mentioned in Article 7 (2) (ⅱ) of the Electronic Documents Act, there should be limited judgement of ‘justifiable grounds’ through understanding the overloaded duty of care on financial companies, in special cases attributable to the holder, of abnormal, unusual transactions, etc. The court, being inclined to overinterpret gross negligence of the user for which acts as reason for waiver of responsibility obliged to financial companies, causes decrease in the range of compensation from financial companies for the loss resulted in electronic financial accident. For financial companies, it is concerned that companies will be less active in terms of introducing advanced technology for financial security, as the identification process stated by ‘Untact real-name verification method’ prevents division of responsibility of loss during unauthorized transactions. It is necessary for financial companies to take serious care in identification process to obtain reliability and stability, to continuously provide the quick and easy untact electronic financial transactions. For the Article 9 of Electronic Financial Transactions Act to take on the role of its principle, the court must provide legal interpretation for saving the victims, by focusing on the superior status of banks, in charge of operating and managing Electronic financial transaction system, rather than the fault and purposefulness of the users;the victims of financial fraud. Furthermore, it is suggested for the National Assembly to propose specific judgement criteria through legislation to classify levels of efforts preventing accidents of financial companies as well as the range of negligence of the user. The frequency of occurrence of new, high-risk electronic financial transaction fraud is increasing due to advancement of crime methods followed by development of electronic communication technology, resulting in need to consistently estabilish a system for protecting financial consumers completely.