NFT의 이용증가와 입법 필요성에 관한 고찰

Abstract

Cyber content using NFT is rapidly increasing. Since there is no law stipulating NFT in the current laws, there is concern about confusion in the case of legal problems. NFT, non-fungible token, is a virtual token that uses block chain technology to identify and prove the owner of digital assets. and to represent and prove ownership. Although NFT is currently widely used in fields such as meta verse and works of art, there is no legal regulation on the concept of NFT or specific rights under the current law, so normative research and legislative improvement are urgently needed. Regardless of whether or not there are legal regulations, NFT can prove that it is unique through the contents of meta data, so that even if it is a similar NFT product, it can be technically verified whether it is genuine or not. In the rapidly expanding meta verse space, it is necessary to confirm who owns the economic value of the goods being traded. Although it is widely used in various fields, there is no related law, which can lead to confusion. Therefore, NFT-related regulations should be prepared urgently. In addition, it is necessary to establish a global standard so that the NFT industry can grow. Under the current law, legal issues related to NFT are as follows: Whether NFT is a virtual asset, Whether NFT is a financial product, Whether NFT is subject to tax payment if it is a virtual asset with property value, Whether NFT is copyright protection because it proves that the ownership belongs to a specific person, Whether NFT belongs to a game item, if it’s applied to a game product, and Whether NFT is a security item that should be protected from hacking. Under the current law, NFT should not be limited to discussion, but should be declared as a clear legal concept through prompt legislation.