미국의 전자자금이체제도에서 착오의 효력에 관한 연구

A Study on the Errors’ Effect in Electronic Funds Transfer System of America - comparative America and korea -

There are essentially four different kinds of errors that might occur in a funds transfer. The different kinds of errors have different consequences and are addressed in different parts of Article 4A. The first kind of error is an error by the sender. This kind of error includes an errors in the alpha or numeric description of the beneficiary or of a receiving bank. The second kind of error is an erroneous execution by the receiving bank. This kind of error includes a transfer of excess or deficient amounts, duplicate transfers, and transfer to the wrong person. The third kind of error is an error by the beneficiary’s bank, such as a credit to the account of a person other than the beneficiary or a credit in the wrong amount. The fourth kind of error is the failure to execute or the late or otherwise improper execution by the receiving bank. Also, There are two rules in related to error. First, The general rule from the Article 4A is that a receiving bank must comply with the sender’s instruction, Thus receiving bank has no obligation to detect an error, and sender must be liable for the sender own error. Secondly, special rules also apply when receiving bank and sender have agreed that receiving bank will use a security procedure to detect sender errors. The money-back guarantee provisions of section 4A-402(c) and (d) apply if the fund transfer is not completed by acceptance by the beneficiary’s bank because of error. Also consequential damage provision apply for late or improper execution or failure 10 execute a payment order.