국제 전자결제시스템에서 금융기관의 책임 및 정책적 시사점

• 영문명: A Comparative Study on bank’s responsibilities in the Electronic Payment System: comparison between Korea and U.S.A
• 발행기관: 한국통상정보학회
• 저자명: 이병렬(Byeong-Ryul Lee)
• 간행물 정보: 『통상정보연구』제12권 제1호, 35~54쪽, 전체 20쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

This article explored the bank’s responsibilities in electronic payment system between Korea and U.S.A. In order to complete my research object, I used Article 4A of the U.C.C. and EFTA of 1978 and by Electronic Financial Transaction Act of Korea as a analytic instruments. I also adapted America’s various regulations to regulate concerned parties(banks). The system of this article is going to display as fellows; First, I presented recent trend and legal stabilities of electronic payment in this article. Second, I focuses on the allocation of risk of loss caused by ambiguous term in payment orders that do not express the subjective intention of the senders. I also did analyze the solution procession of error occurring in course of send of payment order. Third, In any action which involves a customers’s liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized. Forth, Customers have to report the error and unauthorized electronic fund transfer after awaring of it. Then bank will be liable for such a unauthorized electronic fund transfer. But If customer’s failure to report, the bank has exemptions. Lastly, In order to prevent or detect the unauthorized electronic fund transfer, bank will agree with custom to establish a commercially reasonable security procedure, while bank has duties to notify in order to decrease the loss resulted from unauthorized payment order in korea law.

목차

Ⅰ. 서론

Ⅱ. 양 국의 전자결제화의 추세와 제도구축

Ⅲ. 손실할당에 따른 은행의 책임

Ⅳ. 은행의 면책

Ⅴ. 정책적 시사점 및 결론

참고문헌

Abstract

키워드

EFT errors responsibilities unauthorized payment order bank