가상자산에 관한 민사법적 고찰 - 가상화폐의 사법적 성질과 이용자 보호 문제를 중심으로 -

Abstract

Cryptocurrency has a function similar to currency, but it represents digital value expressed in different units from legal currency. Bitcoin is a prime example. In practice, virtual currency is dominated by exchange transactions through operators. Therefore, protection of users (consumers) dealing with these operators is required. Regarding the judicial nature of cryptocurrency, the view that cryptocurrency is subject to property rights and whether cryptocurrency cannot be called ‘property’ under the Trust Act. The view that changes in real rights and legal principles of real rights apply or apply, and that property rights are previously vested to participants. On the other hand, practical problems of user protection for virtual assets include the establishment of security rights for virtual assets, such as when a debtor holds virtual currency in his account, preserving bonds by the consumption of virtual currency, preserving bonds by the establishment of pledge on records of electronic records, and setting collateral. In addition, when the debtor holds virtual currency in the account of the exchange, the creditor has a method of obtaining a pledge (right) or transfer security right for the debtor's right to claim the return of the virtual currency to the exchange. As for the legal relationship on the deposit of virtual assets, the deposit of virtual assets to a virtual asset business operator by a user is generally accompanied by the sale or exchange of virtual assets with the virtual asset exchange operator as the counterparty or intermediary. In the contractual relationship of deposits, deposits can be said to be similar to ‘deposit(Article 693 of the Civil Act)’ for the purpose of storing money, securities, and other goods, in that they include a lease element called storage for others. The issue of legal relations on the deposit of virtual assets is the question of what rights and powers a virtual asset business entity has for the virtual asset it owns, and whether the deposited virtual asset belongs to the responsible property of the virtual asset business entity.