가상자산사업자 신고에 관한 법제도 분석 및 규제 개선 방안 연구 - 특정금융거래정보의 보고 및 이용 등에 관한 법률 및 시행령을 중심으로 -

Despite South Korea’s relatively large market among virtual asset trading counties around the world, the virtual asset industry is still undergoing a transition period, due to the government’s passive position on preparing the underlying legal system. Despite the revision of the Specified Financial Information Act in March 2020, which contains information on virtual asset business report, until now, when it was implemented, most virtual asset operators were closed because they failed to meet the reporting requirment, and this can cause damages to investors using the service and monoplies in the virtural asset market of some large exchange. Therefore, government intervention is needed to secure predictability and legal stability. In this study, Legal issue related to the requirements for reporting virtual asset business operators were derived, the nature and requirement of reporting virtual asset business operators appropriateness of the timing of application and whether the financial institution’s issuance of real name verification accounts are unique or delegated by the Financial Information Analysis Institute were reviewed. In addition, As measures to improve regulations on reporting virtual asset business operators measures to protect investors and prevent monoploy in the market, introduce a provisional permission system to ensure legal stability, and establish the virtual asset business management committee (tentative name) under the Financial Services Commission or the president to provide official guideliness. And it is proposed to secure the predictability of virtual asset business operators and investors through the distribution of enforcement guidelines. Through this research, It is hoped that safe and transparent transaction guarantees and investor protection of virtual assets can be achieved only when legitimate and vaild regulations are made, not legal and unfair regulation on virtual asset operator.