암호화폐의 강제집행, 비트코인을 중심으로

Cryptocurrency stored in an individual debtor’s digital wallet is a type of virtual currency that does not exist in physical form. It is clear that such cryptocurrency is not a type of hard assets, such as real estate. Nor can this cryptocurrency be viewed as corporeal movable property, as they do not exist in corporeal form and cannot be placed under exclusive management, in light of the stance of the Japanese judicial precedents and the general theoretical view on the characteristics of in-game items. Furthermore, in cases involving bitcoins stored in an individual debtor’s electronic wallet, a third debtor cannot exist, as it is possessed and managed by the debtor himself/herself, making it impossible to enforce execution against bonds or other property rights. As such, under the current law, bitcoins stored in the e-wallet of an individual debtor cannot be subject to preservative measures or compulsory execution. Taking these into account, the execution against bitcoins must be conducted in a manner of the execution of movables. To this end, the relevant law needs to be revised, which, in this case, concerns Article 189(2) of the Civil Execution Act stating the objects that shall be deemed to be corporeal movables under Subparags. 1 through 3, by having cryptocurrency inserted under Subparag. 4. On the contrary, in the case of cryptocurrencies stored in a digital wallet on cryptocurrency exchange platforms, a third debtor exists. As such, compulsory execution of such cryptocurrencies can be carried out in a manner of provisional seizure or seizure of a requested claim of return, which may be exercised by a debtor against the trading exchange.