스마트계약에 수반되는 자력 집행에 관한 법적 연구

In 1996, Nick Szabo envisioned a system that was automatically performed by a computer and called it a smart contract. In 2008, this concept was combined with a technology called Block Chain, which Nakamoto Satoshi invented while designing a cryptic currency called Bitcoin. Smart contracts enable 'trustworthy transactions' among people who can not trust each other without a trusted middle man. In order to guarantee export payments, the exporter needs a letter of credit issued by the bank. Land buyers need a registry that can guarantee that the land is owned by the seller. However, the disadvantages of the existence of such a middle man are not few. Middleman is vulnerable to hacking because it keeps all the data on the server it manages. Banks can also go bankrupt and bank employees can abandon trust. The procedure is cumbersome and time consuming. The discretion of the person operating the middle man may intervene and distort the intention of the trading partners. In a smart contract, a computer takes the role of a middle man. The machine ensures the identity, qualifications and status of the other party, thus enabling reliable transactions between untrusted parties. New technology always brings new legal problems. In smart contracts, execution of contracts is left to the market without relying on the state. That would expand the freedom of contract, but it would also neglect the protection of the weak. This study discusses two main points in relation to the private execution of smart contracts. New technology always brings new legal problems. In smart contracts, execution of contracts is left to the market without relying on the state. That would expand the freedom of contract, but it would also neglect the protection of the weak. This study discusses two main points in relation to the private execution of smart contracts. One is a problem related to the acceptability of private execution. The smart lease agreement will enforce the recovery of leased house by taking access to the front door from card keys automatically when the lease expires. As such, 'auto-implementation' under smart contracts serves as 'private enforcement'. Originally private executions are not allowed in civilized countries, but are private executions specifically allowed in smart contracts? If allowed, what is the rationale? These questions will be discussed using examples. The other is the question of how to correct the unfair consequences of illegal private execution. Smart contracts are based on blockchain technology, and because of the nature of blockchain technology, there is no way to stop them while smart contracts are woriking. In addition, there is no way to enforce the decision of the court without the cooperation of the parties, even if the ruling ordering restoration to the original state is finalized due to the inviolability of the block chain. Therefore this study will deal with what measures the state should take to correct the illegal consequences of the private execution of smart contracts.