가상자산의 강제집행에 관한 소고

Virtual assets are electronic vouchers that have economic value and can be electronically traded or transferred. The legal right to a virtual asset constitutes the responsible property of its attributable entity, the participant in the network. Virtual assets may be subject to compulsory execution as other property rights under the Civil Execution Act. Prior to the enforcement of a virtual asset, the location of the virtual asset should be determined. Specification of Property and Inquiry about Property are useful schemes for the detection of virtual assets. However, since the current Specification of Property system and Inquiry about Property system are limited, more effective enforcement will be possible if the Act on Reporting and Using Specified Financial Transaction Information is revised to allow the court to receive information on the situation of the debtor's virtual assets. The use of a special method of cashing in a virtual asset is appropriate for the property of the virtual asset and is also useful in securing the sale price. That is, a transfer order to transfer a virtual asset to a foreclosure creditor in exchange for payment at a court-set value or a sale order to an executive officer to sell the virtual asset in a court-set manner would be effective. If a private key directly held by the debtor, indirect compulsory enforcement can be used to secure it.