금융실명제하에서의 예금주의 확정

The Settlement on the Account Holder under the Real-Name Financial Transaction System

When the nominal holder and contributor are dividd on the deposit, the settlement on who is the interested party triggers the complicated problem. From August, 12, 1993, the real-name financial transaction system has been activated through the president emergency financial and economic order. Before that system, not the nominal holder but the contributor was deemed as the interested party. But After that system, the interpretation on article 2-4 of the above president emergency order and article 3-1 of the Real-Name Financial Transaction Act has been devided about the private law effect of those articles. When those articles are comparaed with the articles of the Real-Name of Real Property Owner Act, those articles do not make the financial transaction ineffective. However those articles should be interpreted to anticipate the intention of the banker. The settlement on the account holder between the nominal holder and the contributor is only the process concerning the interpretation the intentions of the deposit contract parties.