가상자산거래와 소비자보호법의 과제

Abstract

E-commerce on virtual assets is rapidly developing. However, laws governing virtual asset transactions have not been enacted. However, the Specific Financial Information Act was revised in 2020 to regulate virtual assets, but there are limitations in that it does not regulate specific details on additional asset transactions because the purpose is to establish a transparent financial transaction order. Therefore, the need to regulate legal relations for rapidly increasing virtual asset transactions has been raised. In this paper, i examined whether virtual asset transactions can be properly regulated, focusing on the laws related to consumer protection among the current laws. Of course, e-commerce law etc. are applied since virtual assets are a kind of digital content. However, it is not reasonable to apply the withdrawal of offer to speculative transactions and it causes a bigger problem when applying regulations with many contradictions. In addition, the Terms and Conditions Regulation Act has a limitation in that it cannot regulate third-party terms and conditions. These points can be said to be inevitable limitations or problems because the current laws on consumer protection were enacted before virtual assets appeared. Even so, it is not reasonable to stand by even when virtual asset transactions are active. If so, how do you solve the consumer problem arising from virtual asset transactions? In response, it is possible to propose a plan to regulate virtual asset transactions by amending the current consumer protection laws or enact a special law on virtual asset transactions. However, it would be desirable to solve it in the latter way since it is not appropriate to apply the current consumer protection law to highly speculative virtual asset transactions. Considering this, the special law on virtual asset transactions needs to be enacted as soon as possible.