중앙은행 발행 디지털화폐(CBDC)의 성질과 그 법적 포섭

CBDC, the broad meaning of electronic currency issued by the central bank, may be included in electronic money under the Electronic Financial Transactions Act, which is the concept of the transaction law, but is not included in the narrow meaning of electronic money under the supervisory law, which requires permission to do so. CBDC has the substance of digital currency, or electronic currency, but unlike ordinary electronic currency, its credibility can be highly regarded in that it is issued by the central bank, which will serve as a "real currency" regardless of legislation. However, it is considered appropriate to have a provision on the legal nature of CBDCs because there may be legal instability for a considerable period of time before they are determined to perform their de facto monetary function. It is questionable whether CBDC will be a kind of electronic currency or a kind of currency in introducing regulations on CBDC. It is also a question of whether CBDC will be given legalization, even as a kind of currency. CBDCs are e-monetary, but unlike other e-money, they are issued by the central bank, so it is considered appropriate to make them a kind of money legislative. However, it is deemed inappropriate to give CBDC legalization in that CBDC does not acquire universality as a means of payment and therefore it is necessary to enable the recipient to refuse to receive it. And as long as CBDC is given monetary value beyond electronic monetary value, it is inappropriate and a special law can be expected, but the most appropriate method is to prescribe it in the Bank of Korea Act, which provides for other currencies.