電子貨幣法制의 導入方向에 관한 批判的 考察

Abstract

Critical Review of Electronic Money Legal Regime ― Focusing on the Draft Act, Electronic Financial Transactions Act ― I-Su Kim As of May, 2005, the draft act named Electronic Financial Transactions Act is under consideration in National Assembly. The draft act covers various legal aspects related to electronic financial transactions, including electronic money(hereinafter E-money) legal regime. This paper addresses the question of appropriateness of E-money legal system in the draft act with a critical view. On the assumption that E-money provisions could be classified into two types, transactional provisions and regulatory provisions, separate analysis would be conducted on each topic. Basically I admit that transactional provisions for the related parties to be able to predict their legal position against others are recommendable. For these provisions to cut legal risks in E-money transactions would broaden the use of E-money. But as far as regulatory provisions are concerned, it needs to be considered with a different view because the possible need to regulate E-money institutions depends on the developing stage arrived at in Korean E-money market.