전자자금이체거래의 법적 구조(1)

손진화 한국사법행정학회 1990 사법행정 Vol.31 No.12

온라인 신용카드거래의 법률문제

손진화 한국경영법률학회 2005 經營法律 Vol.16 No.1

전자금융거래 당사자의 책임

손진화 한국경영법률학회 2006 經營法律 Vol.17 No.1

오스트레일리아의 지급결제에 대한 법적 규제

손진화 한국경영법률학회 2007 經營法律 Vol.18 No.1

【Abstract】 Regulation of Payment and Settlement in Australia Son, Jin-Hwa The purpose of this article is to provide materials for enactment in Korea, by reviewing the legal regulations and contents of payment and settlement system in Australia. Australian payment and settlement systems are regulated primarily by the Payment Systems (Regulation) Act 1998, the Payment Systems and Netting Act 1998, the Banking Act 1959, the Financial Services Reform Act 2001, the Corporations Act 2001, the Electronic Funds Transfer Code of Conduct 2001, the Australian Prudential Regulation Authority(hereinafer “APRA”) Act 1998, and the Australian Securities and Investments Commission(hereinafer “ASIC Act”) Act 2001, The Payment Systems (Regulation) Act provides payment system and purchased payment facility, and gives Reserve Bank of Australia(hereinafer “Reserve Bank”) the power to designate payment systems and to regulate prudential matters. The Payment Systems and Netting Act provides that the Reserve Bank may approve a payment or settlement system and netting arrangement. The APRA Act 1998 was enacted with the purpose of establishing the Australian Prudential Regulation Authority, and for related purposes. The Act provides establishment, functions and powers of ASIC, ASIC membership, and disclosure of interests of APRA members. The ASIC Act was enacted with the purpose of establishing the Australian Securities and Investments Commission, and for related purposes. The Act provides establishment, functions and powers of ASIC, APRA membership, disclosure of interests of APRA members. The Electronic Funds Transfer Code of Conduct 2001 aims to create a well-established practice for consumer protection regime in a technology-neutral form for users of electronic payment products. Though the legal regulations of Australian payment and settlement systems are different from that of Korea, the related Australian laws and regulations will be very useful for enacting the related statutes and regulations concerning the payment and settlement systems in Korea.

개정회사법(2011년)의 체계와 논점

손진화 한국경영법률학회 2011 經營法律 Vol.21 No.4

The revised Commercial Code of 2011(hereinafter referred to as “the revised Code”) was published on April 14, 2011 and will come into force on April 15, 2012. The revised Code contains various new provisions for adapting itself to new economic circumstances. This article deals with the system and issues of Companies Act contained in the revised Code. The revised Code introduced no-par value share and several classes of shares, deregulation of the acquisition of treasury shares and abolition by the board of directors, compulsory purchase of minority shares by controlling shareholder, prohibition of the usurpation of corporate opportunities, extension of the persons limited by self-trading, executive officers, assistant officer of law-observation, limited liability company, deregulation of the limitation on private companies, electronic registration system of shares, bonds, audit system, etc. The revised Code reflecting experts’ opinion on corporate law and practices was changed into reformed system. However, it has still several unsolved problems, containing inconsistency with related provisions, inadequacy in legal procedure, insufficiency in defensive strategies against hostile M&A. We hope that these problems could be corrected and complemented with the effort of related scholars and experts, and professional committees established in the Ministry of Justice.

電子資金移替去來의 法률關係

孫晉華 한국경영법률학회 1991 經營法律 Vol.4 No.-

전자금융거래 관련법의 구조와 개선방향

손진화 가천대학교 법학연구소 2008 가천법학 Vol.1 No.1

금융이라 함은 자금의 융통 또는 수급관계를 나타내는 용어이며, 금융거래는 금융자산을 대상으로 하는 거래이다. 광의의 전자금융거래는 전자적 방법에 의한 금융거래를 뜻하며, 전자지급거래·전자증권거래·전자보험거래 기타 전자적 수단에 의한 금융거래를 포함한다. 협의의 전자금융거래는 전자지급수단에 의하여 자금을 이동시키는 거래 즉 전자지급거래를 뜻하며, 전자자금이체·전자화폐지급·선불전자지급·모바일지급 등이 이에 속한다. 전자금융거래법은 총칙(제1장), 전자금융거래 당사자의 권리와 의무(제2장), 전자금융거래의 안전성 확보 및 이용자 보호(제3장), 전자금융업의 허가와 등록 및 업무(제4장), 전자금융업무의 감독(제5장), 보칙(제6장)과 벌칙(제7장)의 7개 장, 51개 조로 구성되어 있다. 이 논문은 전자금융거래법의 개선방안에 관하여 다음의 5가지 문제를 다루고 있다: (a) 전자금융거래법의 기본법으로서의 위상 정립 (b) 전자금융거래의 안정성 확보 및 이용자보호에 관한 개선 (c) 전자금융업 허가·등록의 자격요건 및 절차의 보완 (d) 전자금융업무 감독 규정에 관한 보완 (e)전자금융거래 약관의 개선 Electronic financial system is a system which brings automation, electronic process and networking of financial transaction by applying information and network technology to the transaction. The Electronic Financial Transaction Act of 2008[EFTA] defines electronic financial transaction[EFT] as any transaction whereby a financial institution or an electronic financial service provider provides financial items and services through electronic apparatuses and the users use them in a non-facing and automated manner without any direct contact with the financial institution or the employees of the electronic financial business operator. The EFTA is composed of seven chapters: Chapter Ⅰ General Provisions, Chapter Ⅱ Rights and Duties of Parties to Electronic Financial Transaction, Chapter Ⅲ Securing of Saftety of Electronic Financial Transactions and Protection of Users, Chapter Ⅳ Permission, Registration and Functions of Electronic Financial Business, Chapter Ⅴ Supervision of Electronic Financial Business, Chapter Ⅵ Supplementary Provisions, and Chapter Ⅶ Penal Provisions. This Article suggests the following proposals on the improvement of current EFTA: (a) establishment of the status as a basic law of the EFTA, (b) improvement of securing of safety and protection of users relating to electronic financial transactions, (c) improvement of procedures relating to the permission and registration of electronic financial business, (d) improvement of provisions relating to the supervision of electronic financial business, and (e) improvement of the terms and conditions of electronic financial transactions.

모바일지급 서비스의 법률관계

손진화 한국경영법률학회 2009 經營法律 Vol.19 No.4

Mobile payment is a transaction in which payer orders mobile service provider to transfer fund to designated receiver by using electronic payment means. The transaction is a sort of mobile banking services. There are three mode of mobile payment: IC chip mode, electronic certificate mode, and WAP mode. Payment services provided by mobile service provider are as the followings: (a) network billing service, (b) issuance and management of electronic prepayment means, (c) issuance and management of digital merchandise bond, (d) electronic payment and settlement agency service, or (e) service of subsidiary electronic financial business operator. In the network billing service, mobile service provider who intends to perform the service shall register himself/herself with the Broadcasting and Telecommunication Commission. The Acceleration of the Use of Information Network and the Protection of Information, etc. Act of 2008 does not make a distinction between network integrated imposition service and network billing agency service. I think this is an error in process of legislation of the Act, because network billing agency service is a sort of electronic payment and settlement agency service. In the issuance and management of electronic prepayment means and digital merchandise bond, mobile service provider who intends to perform the service shall register himself/herself with the Financial Services Commission. The rights and duties stipulated in the Electronic Financial Transactions Act of 2008 shall be applied to the provider and users. Additionally, digital merchandise bond is regulated by the terms and conditions of merchandise bond and the law of negotiable instruments. Electronic payment and settlement agency service means any service rendered to transmit or receive payment settlement information in purchasing goods or using service in the electronic form or to execute as proxy or mediate the settlement of prices thereof. Mobile service provider who intends to perform the service shall register himself/herself with the Financial Services Commission. However, a person who performs the service such as the transmission of information only for the electronic processing of electronic payment transactions without direct involvement in the transfer of funds may perform the service without the registering. Service of subsidiary electronic financial business operator is the business of mobile service provider who simply provides payment gateway service and business cooperation. The service is regulated by the provisions of the Electronic Financial Transactions Act of 2008.

電子商去來의 法的 諸問題

孫晉華 충북대학교 법학연구소 1998 Juris Forum Vol.1 No.1

전자지급거래에 대한 규율방안

손진화 한국소비자원 2001 消費者問題硏究 Vol.- No.24