전자금융사기 피해에 대한 적극적인 사법구제의 필요성

Abstract

With the development of electronic financial transactions such as Fintech, the utility and benefits of financial consumers have improved to a remarkable level. However, the development of these electronic financial transactions does not only benefit financial consumers, and the profits that financial firms take by their electronic financial businesses are also enormous. If financial consumers are exposed to the dangers of IT crimes without any legal protection, however, they will end up only increasing the profits of financial companies at the expense of financial consumers. In the light of risk-allocation, it seems that the Korean courts, mired in the principle of liability with fault, ignored Article 9 of the Electronic Financial Transactions Act, which would be the shield for financial consumers, even though financial firms should be responsible for losses from the the electronic financial fraud. In other words, unlike the purpose of Electronic Financial Transactions Act that the financial company should bear the risk of the electronic financial fraud, Korean courts’ stance give the impression that the loss due to electronic financial fraud is transferred to financial consumers by allowing the financial company exempted from the damage. The purpose of this article is to argue that there should be a change in the proactive attitude of our courts for the relief of victims of electronic financial fraud by studying the principle of damages and the theory of risk-allocation.