벤처기업육성에 관한 특별조치법상의 몇 가지 법제적 쟁점에 관한 소고

The purpose of this article is to share aspects of legislative process by putting together recent legislative issues on Act on Special Measures for the Promotion of Venture Businesses. Here this article contains the Requirements for Venture Business and current state of affairs, main contents of this Act related to the issues as well as legislative issues of this Act First of all, under Article 3 in case a business operating enterprise related to the virtual currency would be excluded from venture business with making amendments to venture business-related legislation. This article is reviewing whether authorities should set up a backstop as Transitional Measures to protect the trust of the venture business or not. In this case considering public interest, principle of protection of trust and so on, the venture business could be applied on revising the Act not setting up any backstop as Transitional Measures. Further details are listed in the main contents reviewing the concrete contents on the public interest of this case. Next, even though Article 25-2 (Revocation of Confirmation of Venture Business) does not prescribe a business operating enterprise related to the virtual currency, authorities can exclude such enterprises from venture businesses under Article 25-2. Thus, authorities can revoke confirmation of venture business. In a concrete way, the subparagraph 2 of the Article, where a Venture Business has failed to satisfy the requirements for a venture business under Article 2-2, could be applied to this case. if it can not be applied to this case it can be revoked by authority under judicial precedent or theory because of public interest. If it can be applied under the subparagraph 2 of Article 25-2 there is likely no need to review the revocation by authority. If there is a need to prescribe contents related to the business operating enterprise excluded from venture business to revoke confirmation of venture business it is suitable to make amendment subparagraph 2 including the case to be just interpreted more easily instead of prescribing another subparagraph Last, A bill says that the designated institution in charge of confirming business types of enterprises just would support a committee not exercising the authority such as confirming whether a business is venture business or not, by revising the Article 25 and the committee will exercise the authority, instead of the designated institution. This revision is not acceptable under designation system of current legislation. This article is suggesting that a designated institution in charge of confirming venture businesses should exercise the authorities instead of the committee which deliberates for the institution. This article has its meaning in putting together the legislative issues on the Act on Special Measures for the Promotion of Venture Businesses, focussing on the Requirements for Venture Business·Revocation of Confirmation of venture business. Hopefully this article can give inspiration to fellow researchers.