전자상거래에서 에스크로 서비스업자의 의무와 책임에 관한 고찰

An escrow agency is any person, including a company or corporation, engaged in the business of receiving escrows for deposit or delivery for compensation. In electronic transactions, an escrow agency as a trusted third party provides safe transactions between sellers and buyers. This paper studies obligations and responsibilities of escrow agencies by examining Escrow Laws in USA and Korea. The results of study about obligations of escrow agencies are as follows: First, escrow agencies must divulge information to parties concerned. Second, escrow agencies must deliver deposited money to seller promptly. Third, escrow agencies owe a duty of care about escrowed property. In addition, responsibilities of escrow agencies are as follows: First, escrow agencies are liable to indemnify for loss resulting from their defaults or wrongs. Second, escrow agencies are liable to indemnify against damage for breach of duty of escrow agencies.