韓国の仮想資産法の主要內容

Abstract

The 「Act on the Protection of Virtual Asset Users, etc.」 which regulates the protection of users in the virtual asset market and unfair trade practices, was enacted as Act No.19563 on July 18, 2023 and will take effect on July 19, 2024. Regarding the reasons for enacting the Virtual Asset Act, it stated, “We intend to protect the rights and interests of virtual asset users and establish a transparent and sound transaction order in the virtual asset market by setting matters concerning the protection of assets of virtual asset users and regulation of unfair trade practices.” Unlike the current Specific Financial Information Act, which focuses only on preventing money laundering, the Virtual Asset Act is a law that contains overall contents related to virtual assets. The law is the first phase of legislation that mainly includes “protection of users” and “unfair trade” among the matters that require regulations related to virtual assets. The Virtual Asset Act largely contains ① asset protection of virtual asset users, ② regulation of unfair trade practices in the virtual asset market, and ③ supervision and sanctions authority of financial authorities on virtual asset markets and operators. The structure and content of the newly enacted virtual asset law are not systematically complete. It can still be said to be partial legislation. The Virtual Asset Act pursues ① protection of the assets of virtual asset users and regulation of unfair trading practices, ② protection of the rights and interests of virtual asset users, and ③ establishment of a transparent and sound trading order in the virtual asset market, including, among other things, the qualifications of the issuer. There must be strict legal liability for violations of issuance regulations, distribution regulations, and issuance disclosure.