모바일지급 서비스의 법률관계

Mobile payment is a transaction in which payer orders mobile service provider to transfer fund to designated receiver by using electronic payment means. The transaction is a sort of mobile banking services. There are three mode of mobile payment: IC chip mode, electronic certificate mode, and WAP mode. Payment services provided by mobile service provider are as the followings: (a) network billing service, (b) issuance and management of electronic prepayment means, (c) issuance and management of digital merchandise bond, (d) electronic payment and settlement agency service, or (e) service of subsidiary electronic financial business operator. In the network billing service, mobile service provider who intends to perform the service shall register himself/herself with the Broadcasting and Telecommunication Commission. The Acceleration of the Use of Information Network and the Protection of Information, etc. Act of 2008 does not make a distinction between network integrated imposition service and network billing agency service. I think this is an error in process of legislation of the Act, because network billing agency service is a sort of electronic payment and settlement agency service. In the issuance and management of electronic prepayment means and digital merchandise bond, mobile service provider who intends to perform the service shall register himself/herself with the Financial Services Commission. The rights and duties stipulated in the Electronic Financial Transactions Act of 2008 shall be applied to the provider and users. Additionally, digital merchandise bond is regulated by the terms and conditions of merchandise bond and the law of negotiable instruments. Electronic payment and settlement agency service means any service rendered to transmit or receive payment settlement information in purchasing goods or using service in the electronic form or to execute as proxy or mediate the settlement of prices thereof. Mobile service provider who intends to perform the service shall register himself/herself with the Financial Services Commission. However, a person who performs the service such as the transmission of information only for the electronic processing of electronic payment transactions without direct involvement in the transfer of funds may perform the service without the registering. Service of subsidiary electronic financial business operator is the business of mobile service provider who simply provides payment gateway service and business cooperation. The service is regulated by the provisions of the Electronic Financial Transactions Act of 2008.