전자금융거래사고에 있어서 배상 책임에 관한 소고 - 전자금융거래법 제9조의 구조 및 그 문제점을 중심으로 -

초록

The recent courts’ rulings regarding Electronic Financial Transactions Act (“EFTA”) show what the problems are in Article 9 of EFTA, where the plaintiff customers were not successful. One of the reasons why those rulings are misreading is related to the interpretation of the notion of “means of access”. Without a catch-all provision on means of access, the court should not have decided that temporary password is one of the means of access, as it does not fall under as one of means of access listed in the EFTA. Moreover, there is a controversy on the notion of “forge”, which has to be interpreted narrowly to meet the notion in other law. “Lata culpa” came from Roman law is one of the most important thing to correctly interpret Ariticle 9, understood widely by the court in the EFTA cases. Necessarily, interpretation of Article 9 of the EFTA should be as reasonable as possible, which means that the basic rule of burden sharing must be observed so that the financial company has to take the risk, and exceptions thereunder should be restrictively applied.

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