ENGLISH

Protection of Financial Consumers
Liability of financial companies or electronic financial business operators
Liability for accidents because of forgery or alteration of access media (passwords, biometric information, security cards, cash cards, etc.)
- Financial companies or electronic financial business operators are liable to compensate for damages to users in the event of any of the following accidents (Article 9(1) of the Electronic Financial Transactions Act):
· Accidents caused by forgery or alteration of access media;
· Accidents occurring during the electronic transmission or processing of contract conclusion or transaction instructions; or
· Accidents caused by unauthorized access to electronic devices or communication networks for electronic financial transactions and using access media obtained through deceit or other unfair means.
※“Financial company” refers to banks, community credit cooperatives, post offices, etc., as defined in Subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and Article 2 of the Enforcement Decree of the Act on Real Name Financial Transactions and Confidentiality.
- However, financial companies or electronic financial business operators can make the user bear all or part of the liability in any of the following cases (Article 9(2) of the Electronic Financial Transactions Act):
1. If there is an agreement in advance with the user that the user can bear all or part of the liability in case of an accident because of the user’s intentional or gross negligence; or
2. If the user is a corporation (excluding small businesses as defined in Article 2(2) of the Basic Small and Medium Enterprise Act) and the financial company or electronic financial business operator has established security procedures to prevent accidents and has diligently complied with them.
- The intentional or gross negligence of the user mentioned in the above number 1. is limited to what is stated in the terms and conditions on electronic financial transactions (hereinafter “terms and conditions”) (Article 9(3) of the Electronic Financial Transactions Act; Article 8 of the Enforcement Decree of the Electronic Financial Transactions Act) within the following scope:
1. If the user lends the access media to a third party, delegates its use, or provides it for transfer or collateral (excluding the transfer or provision of prepaid electronic payment means or electronic currency as collateral);
2. If a third party, without authority, uses the user’s access medium for electronic financial transactions, and the user knew or could easily have known this but still leaked, exposed, or neglected the access medium;
3. If a financial company or electronic financial business operator requires additional security measures for electronic financial transactions to enhance security, and the user refuses without a valid reason, leading to unauthorized access to electronic devices or information networks using the access medium obtained through deceit or other fraudulent means, resulting in an accident; or
4. If the user commits any of the following actions regarding the medium, means, or information used for the additional security measures mentioned in 3, above, leading to unauthorized access to electronic devices or information networks using the access medium obtained through deceit or other fraudulent means, resulting in an accident:
√ Leaking, exposing, or neglecting the access medium
√ Lending the access medium to a third party, delegating its use, or providing it for transfer or collateral
Liability for the loss and theft of the access medium
- From the moment a financial company or electronic financial business operator receives a notification from a user about the loss or theft of the access medium, they are responsible for compensating the user for any damages caused by a third party using that access medium (the main body of Article 10(1) of the Electronic Financial Transactions Act).