非금융형 크라우드펀딩의 법적 제문제와 개선방안

Crowdfunding is undertaken to raise money for a new project proposed by someone, by collecting small to medium-size investments from several other people. Crowdfunding could generally be categorized into four depending on the type of returns that fund providers are promised: (1) the donation type; (2) the reward type; (3) the lending type; (4) the investment type. Type (1) and (2) are the non-financial type crowdfunding. Government is planning to introduce the investment type crowdfunding, but in the case of non-financial type crowdfunding, announced a plan to leave the autonomy of market and the current relevant law. However, it’s a wrong policy direction. The donation type is regulated in the act on collection and use of donations, and the reward model in the act on the consumer protection in the electronic commerce transactions, etc. However, simply applying the current law to non-financial type crowdfunding is not only suitable, but also preventing development of the industry. Crowdfunding is a new type of trading method. All types of crowdfunding could exist on the same platform. Thus, it is hard to expect that the general public knows differences among types of crowdfunding. If a problem such as fraud occurs in the type of one, participants may lose the trust for all types. Therefore, a regulation is required not only for the investment type, but also for other types.