중앙은행 디지털화폐(CBDC)와 민사집행

Abstract

Central Bank Digital Currency (hereinafter referred to as CBDC) refers to electronic legal currency issued and distributed by the central bank, and recently, central banks around the world are actively seeking ways to issue CBDCs. If the Bank of Korea issues CBDCs in the future, how it will regulate civil enforcement is of great significance in successfully taking root in the market. Currently, in the court's civil execution practice, cryptographic assets such as Bitcoin and Ethereum, which have property value as an electronic form, and electronic registered stocks are being seized and cashed relatively smoothly. In designing CBDC's civil execution procedures, it is necessary to establish a system that sufficiently reflects the characteristics of CBDC by referring to the enforcement practices on cryptographic assets and electronic registered stocks that are already being implemented. In the case of an "account-type" CBDC, the broker and the user share a private key or the broker will likely sign a contract under the terms of service between the broker and the user. In contrast, in the case of "token" CBDC, CBDC information is stored in the user's storage medium, so similar to Article 201 of the current Civil Execution Act, the executor can transfer the stored CBDC to the executor's electronic wallet and return the storage medium to the user. This flow of procedures seems natural in light of the characteristics of 'token CBDC', but there is no such discipline under the current Civil Execution Act or Civil Execution Rules, so it is necessary to revise civil execution laws.