전자지급결제대행업에 대한 법적 고찰 - 전자금융거래법, 여신전문금융업법, 정보통신망법 적용 관계를 중심으로 - (A Study on the electronic payment and settlement system - With a focus on legal issues relating to the Payment Gateway Business)

서지정보

· 발행기관 : 한국금융법학회
· 수록지 정보 : 금융법연구 / 13권 / 1호 / 59 ~ 90페이지
· 저자명 : 강현구

초록

Due to the recent developments in the financial information technology, quick, simple electronic means of payment are being introduced to replace the traditional methods of payment. This paper provides an overview of the electronic means of payment currently being used in the Republic of Korea ("Korea") and analysis of potential legal issues that may be raised in relation to the payment gateway ("PG") business.
Chapter II of this paper discusses the instruments of electronic payment presently being used in Korea and various businesses related thereto. In order to utilize the instruments of electronic payment as compared to traditional means of payment such as cash, various service agents are required to participate in the relevant payment processes. The Electronic Financial Transactions Act ("EFTA") recognizes, among other things, electronic funds transfer, electronic debit payment instrument, electronic prepayment instrument, and electronic currency as means of electronic payment and defines an 'electronic financial business operator' as a person who issues and/or manages such means of electronic payment. The EFTA further stipulates other electronic financial business operators who carry out certain functions in the electronic payment processes such as the agents who perform the electronic payment settlement agency service, operate the escrow system and Electronic Bill Presentment and Payment (EBPP) service. In addition, the EFTA defines a 'subsidiary electronic financial business operator' as a person who assists in conducting electronic financial transactions or performs part thereof on behalf of a financial institution or electronic financial business operator or any operator of a PG system.
Moreover, although not recognized under the EFTA as either an electronic financial business operator or subsidiary electronic financial business operator, there is a provider of telecommunications billing services who provides other types of electronic payment settlement services as recognized under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. ("APIC") Chapter III addresses the legal issues that may arise in connection with the PG business in Korea. Specifically, Chapter III discusses the legal relations involved in the PG business which are analyzed in terms of the Specialized Credit Finance Business Act, EFTA and APIC in connection with the actual instances in which such issues have arisen in practice.
Finally, Chapter IV summarizes the interactions and inconsistencies among the various laws/regulations that address the PG business in Korea and makes suggestions to improve such laws/regulations.

영어초록

Due to the recent developments in the financial information technology, quick, simple electronic means of payment are being introduced to replace the traditional methods of payment. This paper provides an overview of the electronic means of payment currently being used in the Republic of Korea ("Korea") and analysis of potential legal issues that may be raised in relation to the payment gateway ("PG") business.
Chapter II of this paper discusses the instruments of electronic payment presently being used in Korea and various businesses related thereto. In order to utilize the instruments of electronic payment as compared to traditional means of payment such as cash, various service agents are required to participate in the relevant payment processes. The Electronic Financial Transactions Act ("EFTA") recognizes, among other things, electronic funds transfer, electronic debit payment instrument, electronic prepayment instrument, and electronic currency as means of electronic payment and defines an 'electronic financial business operator' as a person who issues and/or manages such means of electronic payment. The EFTA further stipulates other electronic financial business operators who carry out certain functions in the electronic payment processes such as the agents who perform the electronic payment settlement agency service, operate the escrow system and Electronic Bill Presentment and Payment (EBPP) service. In addition, the EFTA defines a 'subsidiary electronic financial business operator' as a person who assists in conducting electronic financial transactions or performs part thereof on behalf of a financial institution or electronic financial business operator or any operator of a PG system.
Moreover, although not recognized under the EFTA as either an electronic financial business operator or subsidiary electronic financial business operator, there is a provider of telecommunications billing services who provides other types of electronic payment settlement services as recognized under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. ("APIC") Chapter III addresses the legal issues that may arise in connection with the PG business in Korea. Specifically, Chapter III discusses the legal relations involved in the PG business which are analyzed in terms of the Specialized Credit Finance Business Act, EFTA and APIC in connection with the actual instances in which such issues have arisen in practice.
Finally, Chapter IV summarizes the interactions and inconsistencies among the various laws/regulations that address the PG business in Korea and makes suggestions to improve such laws/regulations.

참고자료

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