모바일 지급결제의 법적 쟁점

Abstract

Mobile payments are conducted by wireless telecommunications corporations(SKT, KFT, LGT). The legal problems of mobile payment can be solved according to the existing legal theory on electronic money, electronic fund transfer, etc. All problems rising from mobile payments, however, can not be solved by the legal theory. The legal issues of mobile payment, therefore, need to be reviewed by Electronic Financial Transactions Act(Draft). With the developement of Information Technology (hereinafter, "IT"), Non-financial institutions have come to provide financial services using the electronic methods on which the communication technology is combined with the financial services. Yet the existing laws fail to regulate these kinds of new financial techniques. The users of the electronic financial services (hereinafter, "the users") couldn't be protected properly and even the financial market might be in disorder. On that grounds the 'Electronic Financial Transactions Act(Draft)' (hereinafter, "the act") was introduced. The act stipulates the requisites of entry so as to regulate the electronic financial service providers(hereinafter, "service providers") such as the issuers and processors of electronic money, electronic fund transfer providers and the assistants of them, and also requires to maintain the financial soundness after the entry to protect the users(§28, §41). The main points of the Act are as follows: The service providers can issue the access key such as the password which is essential in identification of the user only when the identified user applies, and the user has to pay due diligence in using and carrying the access key(§2, §5). The service providers should observe the guidance of the securities and keep the records of the transactions for 5 years(§20, §21). When it comes to the problem of the liabilities between the users and the providers, the act made it a rule for the service providers to be responsible unless they proves the negligence of the users, which relieves the users of the obligation to give proof(§8). In electronic financial services, the users need to be protected. Because financial institutions are controlling of the process. The act seems to adjust the conflicts of the related parties. The act, however, needs to be prescribed to adapt new technology, to encourage the development of electronic financial service, to solve conflicts between financial institutions and non-financial institutions.