전자금융거래법의 체계와 최근 개정 논의에 대한 비판적 검토

The Electronic Financial Transactions Act has maintained the legal stability of the nation's electronic financial transactions for decades. There have been many controversies and precedents regarding the responsibility of electronic financiers (Article 9 of the same Act) and some revisions to the liability-related regulations and supervisory regulations, but the framework has been well preserved. The debate over the distinction between electronic currency and prepaid electronic payment means can also be assessed as having a future-oriented nature, given that the possibility of the emergence of genuine electronic currency (CBDC) has made it distinct from prepaid electronic payment means having the substance of electronic gift certificates. Unlike other financial regulatory laws, the Electronic Financial Transactions Act is a mixture of trading laws that regulate electronic financial transactions, and supervisory laws that regulate financial institutions that execute transactions. However, it is not only impossible but also inappropriate to understand this as a simple financial regulatory law and to discipline all of the new FinTech technologies that emerge and disappear rapidly from the perspective of supervision. The classification of funds transfers (including debit), electronic currency and prepaid types of operations on the basis of electronic means of payment is an appropriate classification based on the transaction method, which has the advantage of being able to apply existing provisions or to be classified in the Enforcement Decree of the Electronic Financial Transactions Act, even if a new type of electronic payment method emerges. Though new FinTech technologies (such as payment instruction services) emerge, the concept of electronic financial assistance business is already established in the Electronic Financial Transactions Act, and if regulations are required, it can be implemented in the Enforcement Decree of the same Act. I believe that the introduction of a comprehensive payment settlement business can also be completed instead by granting the right to open a payment account to the fund management business while allowing integrated approval and registration, which can replace the introduction of new operators and avoid overlapping operations. Finally, while securing the legal basis of the electronic payment system and its operating agencies is necessary for international convergence, it is appropriate to introduce a new concept of a payment transaction liquidation system, not subject to supervision, and to regulate it consistently in relation to monitoring obligations in the Bank of Korea Act rather than as stipulated in the Electronic Financial Transactions Act.