주제별 논단 : 연구논문 ; 전기통신금융사기와 관련된 전자금융거래법상 금융기관의 책임 = Liability of Financial Institution related to Electronic Financial Transaction Fraud

다국어 초록 (Multilingual Abstract)

Electronic Financial Transactions Act (EFTA) of Korea was amended on May 22, 2013. Among the amendment Section 9 of EFTA got a important issue because section 9 of EFTA is about Liability of Financial Institution related to Electronic Financial Transaction Fraud. Below is the section 9 of EFTA andunderlined is a new one that was not existed before amendment. Article 9 (Liability of Financial Institution or Electronic Financial Business Operator) ① the financial institution or electronic financial business operator concerned shall be liable for indemnifying him/her for the loss, in case of a user suffers any loss as a result of an accident under any of the following subparagraphs : 1. An accident arising out of forgery or alteration of the means of access. 2. An accident arising in the course of electronically transmitting or processing the conclusion of a contract or a transaction request. 3. An accident arising due to the use of the means of access acquired through deception or other improper means and unauthorized accessing of electronic devices or telecommunications networks for electronic financial transactions. As a result of amendment, Sec 9, paragraph 3, subparagraph 1 could be applied to electronic financial transaction fraud such as voice phishing, messenger phishing, pharming, memory hacking including reissuance of digital certificate. Also the scope of liability of financial Institution can be expand. In this research paper, some disputed points are discussed as below ; 1. What is an detailed content of EFTA sec 9 and 3 sort of accidents of sec 9, paragraph 1 of EFTA? 2. What kinds of electronic financial transaction fraud can be applied to accidents of sec 9, paragraph 1 of EFTA? 3. When can the user bear the liability that is originally belong to financial institution?