블록체인 기반 스마트 컨트랙트와계약법적 쟁점에 관한 小考

Based on their decentralization of blockchain technology, smart contracts areknown to enhance commercial efficiency as well as transparency and anonymity oftransactions while drastically reducing transaction and legal costs. For these reasons,smart contracts can be employed in a wide variety of areas, including financialtransactions, real estate leasing, insurance claims, and global logistics, among othertransactions of digital content. In recent times, various relevant legal issues havearisen and the relationship between blockchain-based smart contracts and contract lawhas been discussed. At the current technical level, smart contracts are unlikely tosignificantly alter the general principles of traditional contract law, which areregulated by the Civil Act. Nevertheless, due to the nature of smart contracts basedon distributed ledger technology seeking decentralized value, the formation of privatelegal rules and systems will continue to develop accordingly. Given thecircumstances, it is necessary to continue to pay attention to the principles ofexisting c o ntract laws, their impact o n individual l egal d o ctrines, a nd w hether t orevise them as a result of future advances in smart contract-related technologies.