전기통신금융사기 피해자의 민사적 구제 방안에 관한 연구

So-called "voice-phishing" is a defrauding act that steals one's property through non-face-to-face transactions, especially via telecommunication means,which is a type of serious fraud crime that occurs in the finance industry sector. Some victims of voice-phishing have filed a suit against those who have lent the criminals their bank accounts to be used for voice-phishing and recently some victims also filed a lawsuit for compensation of damages against the relevant financial institutions. In those lawsuits, the trial court, acknowledging that all losses of the plaintiffs were damages to be compensated, rendered judgments in favour of the plaintiffs. Against this backdrop, this thesis will evaluate and review the suits against those who assigned or lent the criminals their bank accounts (so-called "lent bank accounts"), claims against financial institutions pursuant to Article 9 of the Electronic Financial Transaction Act,lawsuits for non-existence of liabilities against financial institutions, other related cases and trial court's decisions. It is still debatable if the damages which have already been incurred by voice-phishing should be understood under the principle of victim's own responsibility or negligence and left without any remedy. It should be noted, however, that, in contrast with other countries where bank transfers and withdrawals are heavily regulated, in Korea where voice-phishing easily occurs,banks tend to neglect their duty in the identity verification process simply for convenience and expediency of transactions. As there will appear various type of voice-phishing, it is expected that various cause of actions and remedies at law other than the above mentioned claims will be reviewed and discussed.