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자료유형
학술저널
저자정보
저널정보
충남대학교 법학연구소 법학연구 法學硏究 第14卷 第1號
발행연도
2003.6
수록면
421 - 446 (26page)

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Internet banking has many different characteristics from existing financial transactions, because of the characteristics of the Internet. Internet banking has the same problems of non-face-to-face services or electronic transactions. It has the problems related to contract law such as defective expression of the intention according to the use of electronic documents. Additionally, we need to construct grounds for law and institution to activate Internet banking transactions. In particular, in case of the financial transactions through Internet banking, we have to depend on the policy of the bank, which was prepared by the bank regarding various problems related to contract and errors including computing system failures. There are not many countermeasures against the problems. Therefore, in this study, we focused on the legal issues related to Internet Banking.
As the problems related to contract law in financial transactions, such as deposit and loan through internet banking, we summarized the points according to the characteristics of non-facial electronic transactions regarding the withdrawal of declaration of intention such as identification of users, defects in the declaration of intention, validity of deposit-loan contracts through Internet banking, and application and acknowledgment. When there is a failure such as a computing system failure, accidents or damages resulting from counterfeit-modification of access device or electronic transfer/processing of agreement or transaction order should be borne by the financial institutions or electronic financial service providers. If users have made any intentional behavior or accidental mistakes or the damages were made because of force majure, users may be responsible for a part of or whole of the liability through the explicit inscription in the policy. The points were arranged and composed according to the intention of Article 8 of Electronic Financial Transaction Act and the Theory of System Responsibility. Additionally, to protect users of Internet banking transactions, we pointed out the legislation, use of authorized certification to secure sincerity and stability and security counter measures against financial accidents such a shacking. We need to protect individual information of Internet banking users, to secure financial transaction information to prepare for the disputes, and establish legal and institutional backgrounds such as enforcement of financial supervision for the activation and security of soundness of Internet banking.

목차

Ⅰ. 序論
Ⅱ. 인터넷뱅킹에 의한 與ㆍ受信 金融去來
Ⅲ. 인터넷뱅킹 利用上의 法律問題
Ⅳ. 結論
〈ABSTRACT〉

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