착오송금의 분쟁해결지원과 관련 법리의 재검토 -예금자보호법 개정안을 중심으로-

Abstract

The remittance means such as account transfer increases the possibility of mistaken remittance due to mal-operations or misjudgment along. Actually, the number and the size of mistaken remittance transactions are increasing every year, but the problem is that less than half of the amount mistakenly remitted has returned to the sender. The financial institutions are implementing various measures to prevent mistaken remittance, but it appears that there is a limit to the fundamental measures. Since remittances cannot be returned without the consent of the recipient, current remedies require that the remitter file a claim of unreasonable benefit to the recipient in small claims. The mistake of remittance causes a financial loss to the sender, but if the remitter does not give it back, he must receive it through litigation. The amendment to the Depositor Protection Act has been designed to solve these problems by adding remedies for damages caused by mistaken remittance. The damage of the remitter can be promptly relieved by the deposit insurance corporation by the 'deposit insurance corporation' as the deposit insurance corporation will purchase the remitters’s rights and the corporation will pursue recovery against the recipients. It is necessary to maintain the integrity of the settlement payment system and also to share the burden of the remitter with other participants as the payment system operator. In this regard, the proposals adopted by the amendment to the Deposit Insurance Act should be reviewed positively. In addition, it seems necessary to reconsider the law among parties related to the mistaken transfer. According to the current law, the foreclosures creditor or the receiving bank may take precedence over the depositor's account. In order to solve this problem, it is necessary to proactively acknowledge the remitter’s ownership of the fund mistakenly sent and the constructive trust for such fund.