주요국의 전자금융 사기피해 구제제도에 대한 비교 연구

A Comparative Study on the Relief Systems of Electronic Banking Fraud in Major Countries: Law & Economics Approach

This study analyzed various types of electronic banking fraud such as phishing, pharming, among others and compared the relief systems of banking customers affected by such fraud in major countries including the U. S. A., Germany and the U. K. In spite of the positive effects of electronic banking, the negative effects of financial fraud have become a serious economic problem. Hence, in order to help victims of electronic financial fraud, relief systems have been crucial. The liability of customers is limited to certain amount in major countries, leading financial institutions to strengthen the level of attention in electronic financial transactions. But the liability of customers is recognized in Korea, lessening the level of attention of financial institutions. To develop optimum level of attention of customers and financial institutions on financial fraud, I introduced a model using the framework of law and economics. I also sorted out consideration factors for determining the faults of customers and financial institutions to induce reasonable level of attention in electronic financial transactions to minimize social costs. In order to decrease the loss from electronic financial fraud by paying reasonable level of attention, the loss should be shared by fault ratio between customers and financial institutions.