블록체인 스마트계약의 상용화 대비를 위한 법적 과제

Legislative consideration of new technology should be to ensure transparency and safety of transactions and to protect users from unfair service provision of operators. Recently, various commercialization services based on block chains are emerging along with the fourth industrial revolution era. Users with insufficient knowledge and understanding of new technologies have a high dependency on the platform they choose, so they have to use the service based on the information provided by the service provider unilaterally, so proper regulation for user protection will be inevitable. In a Smart Contracts based on a blockchain, a service provider plays a role as both a service provider and a platform operator, and thus becomes a mediator in the process of forming a contract transaction between the parties. So, Smart Contracts have various problems due to the contract. In other words, there is a possibility that the settlement between the parties, system suitability problems, distorted information about smart contract users, and possibility of unequal contracting from information asymmetry. In this paper, we introduce the concept and use cases of Smart Contracts and the legislative trends in foreign countries, and then discuss some legal issues such as legal basis of contract, risk allocation of contract execution, All of these are issues that must be solved in order to commercialize Smart Contracts.