가상자산 2차입법의 주요과제 연구: 가상자산 평가업, 자문업, 공시업 규제체계 및 통합전산시스템 운영방안 등을 중심으로

Abstract

This paper studied regulations related to virtual asset evaluation, advice, and disclosure. It may be questioned whether there is any real benefit to regulating them. This is because there are currently no significant companies worldwide that perform these tasks. Even with certain regulations in place against them, it should not prevent new companies from entering. In the future, institutional investors, etc. may be required to have a certain grade to invest in virtual assets. In this case, a company that evaluates virtual assets is needed. Companies that evaluate virtual assets can be resolved through self-regulation rather than legally regulated. In the future, virtual asset businesses such as virtual asset exchanges may issue reports on virtual assets. In this case, examples of self-regulation under the Capital Markets Act can be referred to. In order to prevent fraud in virtual assets, virtual asset advisory business should be strictly limited. Businesses that promote investment in virtual assets to a large number of customers need to be banned. Prior to regulations on the virtual asset disclosure business, it is necessary to establish a disclosure obligation for virtual assets. It is necessary to review whether to entrust the disclosure of virtual assets to a private business operator. There are a number of exchanges in the virtual asset market. In addition, situations may arise in which market prices and disclosures overlap or contradict each other. Therefore, it is necessary to prepare a disclosure system operated by public institutions.