주요국의 전자금융 사기피해 구제제도에 대한비교 연구: 법경제학적 접근

Abstract

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 fraudin major countries including the U. S. A., Germany and the U. K. In spite of the positiveeffects of electronic banking, the negative effects of financial fraud have become a seriouseconomic problem. Hence, in order to help victims of electronic financial fraud, reliefsystems have been crucial. The liability of customers is limited to certain amount in majorcountries, leading financial institutions to strengthen the level of attention in electronicfinancial transactions. But the liability of customers is recognized in Korea, lessening thelevel of attention of financial institutions. To develop optimum level of attention of customersand financial institutions on financial fraud, I introduced a model using the framework oflaw and economics. I also sorted out consideration factors for determining the faults ofcustomers and financial institutions to induce reasonable level of attention in electronicfinancial transactions to minimize social costs. In order to decrease the loss from electronicfinancial fraud by paying reasonable level of attention, the loss should be shared by faultratio between customers and financial institutions.