전자자금이체에서 비정상적 거래에 관한 한 · 미간 비교

A Comparison of Abnormal Transactions between the United States and Korea in Electronic Funds Transfers

There can be various types of abnormal transactions in electronic funds transfers(e. g., execution errors, late of execution, execution failure, and fraud). These can often cause complicated problems between customers and banks. Reflecting this, the purpose of this paper is to investigate a concerned party's responsibilities in abnormal electronic funds transfers through a comparison of abnormal funds transfers regulations between the United States(Article 4A of Uniform Commercial Code, Electronic Financial Transaction Act of 1978) and Korea(Electronic Financial Transaction Act of Korea). Both Korea and the United States have many regulations to protect abnormal funds transfers. The findings can be summarized as fellows: First, Both countries have a definition of errors. Korea has no regulation on the types of errors that the United States has. Second, the United States has regulations about authorized payment order as well as unauthorized payment order. Meanwhile, Korea has no regulations about fraud except for the case of stealing and transferring of the access device. Finally, the United States has regulations about the noncompletion of funds transfers and the failure to use an intermediary bank designated by originator. However, Korea has not enacted any related provisions.