전자정보교환(Truncation)에 의한 어음ㆍ수표의 지급제시

Abstract

The transportation of checks and bill or other items from a depositary bank through one or more collecting banks to the payor bank involves a great deal of expense and time. “Electronic presentment” or “check truncation” enables collecting banks to shorten the collection process by utilizing modern electronic means to transfer an item’s content. An item can be retained at the depositary bank, or at any desired intermediary bank, while a demand for payment is forwarded electronically to the payor bank. The bank retaining the item then holds the item for a short period of time for return to the drawer upon his request. After a short period of retention, the bank microfilms and then destroys the item. In U.S.A, the Check Clearing for the 21st Century Act (Check 21 Act or Check 21 or the Act), was enacted on October 28, 2003, and becomes effective on October 28, 2004. The Check 21 Act authorizes a new negotiable instrument called a “substitute check,” which is a paper reproduction of an original check, and provides that a properly prepared substitute check is the legal equivalent of an original check. The Act facilitates electronic check exchange by enabling banks to sort and deliver checks electronically and, where necessary, to create legally equivalent substitute checks for presentment to banks that have not agreed to accept checks electronically. Also in Korea, Revised Bills of Exchange and Promissory Notes Act Art. 38(3), Art. 40(4) induced the truncation system as follows ; Such presentment for payment prescribed in paragraph (2) is considered finished, when a financial institution entrusted with collection of a bill of exchange by a holder electronically prepare items to be filled out on the bill of exchange via information processing system in the of electronic information, and such information is transferred to a clearing-house and then inputted into information processing system of such clearing-house. And Check Act, Art. 31(2), Art. 35(2) also have a similar contents. But these Acts have a several problems. Namely it is as follows ; the effects of presentment for payment, the risks of fraud and alteration of original instrument, consumer’s protection suffered a loss associated with the poor quality of the converted image file and a mistaken informations. Therefore this paper proposed that the related provisions should be revised or filled up.