인터넷전문은행에 관한 연구 – 전자금융거래법을 중심으로 –

An Internet-only bank can be identified as a financial institution that performs banking operations in a non-faced manner, a method of electronic financial transactions. Since Internet-only banks are inherently different from traditional banks, special type of laws should be applied to Internet-only banks(hereinafter IOB). IOB are subject to Electronic Financial Transactions Act(hereinafter EFTA) because they are basically banks subject to the Banking Law. The legal issues related to EFTA are as follows. First, IOB will allow IT professional company to outsource computer equipment in consideration of excessive cost. IT professional company can be regarded as a subsidiary electronic financial business entity who assists in electronic financial transactions by EFTA. It is positive to create the concept of 'access tools' in terms of the means or information used to direct transactions other than Means of Access in EFTA. However, it is not reasonable to create Unauthorized transaction to replace electronic financial incident in EFTA. In addition, for users, it is often virtually impossible to prove the type and circumstances of financial incident by technically approaching whether the cause of incident is fraud, modulation, or hacking by mean of access. It is reasonable to verify that the financial institution that can manage the electronic financial system was responsible for verifying malice of financial institutions was not the cause of financial incident. It is unreasonable to replace the intentional and gross negligence requirements, which are the reasons for immunity of financial institutions, with no objection within the period. Finally, revision of EFTA assumes the responsibility of financial institutions in principle to compensate users for damages incurred prior to notification of damages caused by theft or loss of means of access. However, responsibility for damages is allocated between financial institutions and users according to when they are notified. It is not reasonable to allocate damages according to the users' arbitrary notice. There is a potential for moral hazard to users.