인터넷 뱅킹의 부정거래와 그에 대한 책임의 귀속

Abstract

In the case of American and Europe, the financial transaction by the on - line was began at the early and mid of 1990s. But in our country, such transaction system is not introduced until the end of 1990s after the financial crisis rose. Through our country is late the introduced time of the such system, our country developed the transaction amounts of the internet banking rapidly and in the present, our transaction amount of the internet banking takes precedence over the amounts of the developed country. By a formal announcement of the Korea Financial Telecommunication and Clearings Institute(KFTC), the rate of the electronic payment system of the our country is 75.6% and this rate takes the initiative in the rate 63.5% of the developed 14 countries such as American, England, Germany, France etc. Besides, the financial commission of the government recently submit the reform methods about the financial regulation to the government. The one of the methods is that found the internet specialized Bank. In the near future, we think that many internet Bank found in our country. But in other aspect, the several systems appeared by the internet occur any problems to the customer of the internet bank. The one of the problems is the responsibility of the damages occurred by the non-authorized third party. As fact, by the bank, the customer is obliged to obey the responsibility, without the willfulness and the negligence. Also, the internet bank have an agreement about the exemptions of the damages unrelated the ideas of the customer. In such point, I will make sure the customer don't get treated differently from the internet bank. Therefore in this theories, I will inquire at the following points. At first, I will study on the legal framework of the internet banking transaction. Secondly, I will study in the several problems of the internet transaction as like hacking and the unlawful transaction of the non-authority third party. Thirdly, I will give careful consideration to the effectiveness of the agreement written by the bank. Also, in case of the customer bear the responsibility for the event about the internet banking, I will inspire the legal basis on that responsibility.