모바일 뱅킹(Mobile Banking)에 관한 법적 연구 - USIM 뱅킹을 중심으로 -

Abstract

Mobile Banking using USIM(Universal Subscriber Identity Module) is a type of smart card that contains CPU, memory, ROM and RAM. Additionally, it is necessary for the 3rd generation mobile phone. USIM Banking is a new type of banking service that has been nonexistent until recently. Even though there are not currently many user of USIM Banking, many legal issues related to USIM Banking need to be reviewed centering around Electronic Financial Transaction Act(EFTA) of Korea. First of all, the authority of USIM’s management is extremely important. For instance, the party who take the authorty of USIM's management can control personal information, credit information, and financial information inside USIM. This information is obtained by using master key. Relating to the above issue, GSMA(Global System for Mobile Communication Association) and Mobey Forum suggested a theoretical model. Their recommendation is a bank, a MNO(Mobile Network Operator), or 3rd party with public confidence should assume the responsibility of USIM’s management. This role would be referred to as a TSM(Trusted Service Manager). Because there are no provisions about the role of a TSM in EFTA, if the concept of a TSM is introduced to EFTA then a TSM should be an Electronic Financial Service Assistant Provider(EFSAP) and addressed in the EFTA. Therefore, if a MNO or a 3rd party with public confidence takes the role of the TSM then they will be held accountable for any mobile financial accident as an EFSAP. The accountability would be described in the EFTA. Considering the situation of Korea’s mobile financial market, it would be in the best interest for all parties involved if a 3rd party with public confidence such as Korea Financial Telecommunications & Clearings Institute(KFTC) took a role of a TSM instead of a MNO such as SK Telecom, LG telecom or KTF. Taking a TSM’s role and all matters related to USIM Banking needs to be researched continuously.