선불전자지급수단에 관한 전자금융거래법 개정안 검토

The Electronic Financial Transactions Act(EFTA) was enacted to ensure the safety and reliability of electronic financial transactions by clarifying the legal relationship of electronic financial transactions and to promote the development of the electronic financial industry. Unlike other financial regulatory laws, the EFTA was enacted as a transaction law in response to the demand of the transaction industry to clarify the legal relationship of electronic financial transactions at the time of enactment. Therefore, the basic disciplinary mechanism of the EFTA is to first identify how to regulate legal relations from the perspective of the transaction law in the advent of a new electronic financial transaction and to regulate it according to the legal nature of such financial transactions. Electronic financial transactions are also related to wholesale finance, but they are more related to retail finance, so loopholes in the system or mismanagement of the system can cause serious damage to financial consumers. In particular, the Prepaid Electronic Payment Means(PEPM) purchases goods and services through the payment means while the user has paid in advance for the PEPM. In this process, the money paid for PEPM, that is, the ‘prepaid charge’, can be a temptation that cannot be ignored by the company who sold the PEPM(prepaid company) and a trap that causes credit risk. Recently, in the Merge Point crisis, quasi-PEPM were used, and there were noregulations on the management of prepaid charges, so many financial consumers suffered the damage. In this case, whether the electronic payment means used in the complex payment relationship were PEPM was questioned, and whether the registration obligation of the prepaid business operator should be applied accordingly was also questioned in the lower court case. Due to a large financial accident, being late, an amendment is being legislated to protect users of PEPM. Unlike electronic money, PEPM which are electronic certificates (or information) that store monetary value, are value-based payment means with limited universality and characteristics of transaction with others and paymentability. By further reducing restrictions on limited universality, the amendment expanded the concept of PEPM, requiring registration at the time of issuance of some electronic gift certificates that were not previously subject to the EFTA. In addition, separate management of prepaid charges was stipulated and management methods were regulated even in self-management so that users or merchants using PEPM could reduce damage even if prepaid businesses went bankrupt. In addition, the reasons for exemption from registration of prepaid businesses have been partially reduced, and prepaid businesses can simultaneously operate post-payment services. The overall content of the amendment is judged to be an amendment to protect users of prepaid electronic payment methods and to make legal relations clearer.