2023년 금융법 중요판례평석

Abstract

In 2023, various financial-related precedents have emerged. In this review, these precedents were reviewed by dividing financial business regulation into banking and financial investment business, and financial transaction regulation into traditional financial transactions and new financial transactions under the framework of financial business regulation and financial transaction regulation. Regarding the banking industry, it is noteworthy that the supreme court did not recognize the bank’s liability for delay if there is no request from the depositor at the maturity of the term deposit, and the case that limited the responsibility of the management bank (agent bank) to the participating bank (joint lender bank) in syndicated loans. Regarding the financial investment industry, it is important to recognize the nature of the advisory in relation to a business that provides an automated trading system, but to view it as a quasi-investment advisory business as an interpretation of the other party’s specificity. In traditional financial transactions, the interpretation and application of Article 109 of the Civil Code in the so-called Hanmaek Securities case stands out. The ruling accepts the conventional case theory as it is, but there is a question as to whether there was no other room for the other party's malice. An important ruling has also been made regarding lease transactions, and it is important that the legal status in the rehabilitation procedure differs depending on the financial lease and the operating lease. Regarding new financial transactions, various precedents have emerged for the interpretation of the Electronic Financial Transactions Act and virtual assets.