경제질서와 과학기술의 접점으로서 가상자산 규제에 대한 고찰

Abstract

Regulation of virtual assets can be said to exist at the interface between economic order and science and technology. As an economic regulation, the regulation of virtual assets is based on Article 119, Paragraph 2 of the Constitution, and is formed for the purpose of forming and guaranteeing property rights and free competition order. On the other hand, the regulation of virtual assets as a technology regulation is based on the constitutional basis of Article 127, Paragraph 1 of the Constitution, and is formed for the purpose of developing the driving principle of virtual assets such as blockchain technology and accepting and spreading them into the social and economic order. Economic regulation and technology regulation form a complementary relationship in the realization stage of virtual asset trading. And in the process, the constitution becomes the basis for the state(government) to intervene in the economic order based on virtual assets, and functions as the state's response to new technologies. In particular, the role of the Constitution surrounding the regulation of virtual assets as a technology regulation is embodied as ‘the question of how the Constitution should respond to blockchain-based technology in order to materialize the ideology and values pursued by the Constitution'. This point has a major meaning in that it narrows the gap between the development of a new industry called virtual assets and national regulation, leading to the prevention of regulatory delays surrounding virtual assets. The regulation of virtual assets as economic regulation and technology regulation is embodied in the three-dimensional relationship of regulator(state)- regulated person(virtual asset issuer and operator)-regulated beneficiary (virtual asset user). In this process, the state as a regulator functions as a creator of conditions for the development of (new) technologies and a fair economic order. And to ensure the rights of virtual asset issuers and operators(regulated persons) and virtual asset users(regulatory beneficiaries), it is requested to form regulations that apply unified standards consistent with the constitution. Under the banner of securing trust and stability in the market, regulation of virtual assets should balance the rights of virtual asset issuers and operators(regulated persons) and virtual asset users(regulated beneficiaries), and move in a direction where both rights can be realized to the fullest extent.