| 英文摘要 |
The advancement of the technology and internet has changed the way how people pay money dramatically. It also reshaped the landscape of the payment industry and ushered the booming of the non-bank payment. Following the evolutionary development of e-commerce, the online third-party payment emerged and developed to a dominant payment instrument for CtoC online transactions. However, in Taiwan, the legal compliance issue and concern from the authority came with the growth and almost squelched the payment market. In 2011, Taiwan’s competent authority issued a document stating that Collecting and making payments for real transactions as an agent (hereinafter the third-party payment) did not violate the Banking Act. Subsequently, the Act Governing Electronic Payment Institutions was enacted in 2015 and was significantly amended in 2021. In this act, the third-party payment was included and further classified for regulatory. However, Taiwan’s courts did not recognize the difference between remittance and third-party payment and therefore in most cases considered the third-party payment as remittance. The service providers were accused violating the banking law. In 2022, the judgment of the Supreme Court, case number 1327, finally pointed out the aforementioned error and criticized it. Starting from the aforementioned judgment of the Supreme Court, this article first examines the development and current status of Taiwan’s relevant regulations and practices concerning electronic payment and third-party payment. Based on this, the article reviews the high court and supreme court judgments related to remittance in the past decade, and compiles and briefly comments on more than twenty judgments with doubts about the application of the law. Furthermore, this article explores the issues arising from the cases and the legislation of Taiwan’s non-bank payment. Finally, the article attempts to argue the need for a comprehensive payment regulatory framework in Taiwan and proposes a legal framework for such a law. |
