일본에서의 NFT에 대한 법적 논의의 현황 - 금융규제의 여부에 관한 고찰을 중심으로 -

Abstract

NFT (Non Fungible Token) is digital data that cannot be counterfeited or tampered with, and has a function that guarantees authenticity by giving uniqueness to digital data on a blockchain or a function that can track transaction history. As a representative example of asset tokenization, NFT is a non-fungible token issued on a blockchain, and each token has a unique value, so it cannot be replaced with other tokens. NFT utilizes cryptocurrency represented by virtual assets in the real economy to form a transaction by providing a means of payment by granting a token to a digital file. Research is being actively conducted to give economic value and to recognize tokens as goods in the real economy. NFTs are expected to create a new business using NFTs because they bring scarcity to digital content and at the same time have innovative features such as improved liquidity of digital content through the NFT platform and programmability through smart contracts. NFT utilizes virtual assets in the real economy to form a transaction by providing a means of payment by granting tokens to digital files, and blockchain technology gives economic value to issued tokens in terms of contribution and reward, Tokens are trying to be recognized as goods of the real economy, but it is not an easy task. The rights relationship surrounding NFT and NFT transactions is not clearly regulated by law, and it is largely based on agreement between the parties, such as the terms of use in the NFT platform. Therefore, it will be necessary to examine the structure and function of individual NFTs, what rights are recognized for each NFT transaction, and what rights are being traded according to the transaction of the NFT.