가상자산에 관한 최근 실무상 쟁점 - 2022년 주요 판례를 중심으로 -

This article provides an analysis of several key virtual asset-related precedents that were handed down by courts in 2022, including two cases that were each decided at the end of 2021 and in early 2023. The precedents are categorized into administrative, civil, and criminal cases, with some addressing traditional issues related to the classification of virtual assets as goods, money, or financial investment products, and others exploring newer issues such as the validity of disposal for the rejecting the registration of virtual-asset trading businesses by the Korea Financial Intelligence Unit, the applicability of product liability law to defects in cold wallets, and whether violating Monopoly Regulation and Fair Trade Act of the virtual asset exchanges’ decisions to terminate trading support. Like this, the virtual asset industry has become legally significant, underscoring the need for practical research in this area. These precedents have exposed legislative gaps that require attention, including issues related to the inclusion of virtual assets in “money invested” regulated by the Act on Regulation of Similar Repeated Investment Activities, the determination of virtual asset valuation, and the establishment of standards for withdrawal restrictions on exchange user accounts.