채권질권의 공시와 블록체인 기술의 적용 가능성

A claim among a property right as well as movable property may be the subject of a pledge. In order to establish a pledge, this pledge contract must be concluded, as well as the requirements for publication. The Civil Act of Korea provides that with respect to a nominative claim, the notification by the person who has created a pledge against the third debtor or the consent of the third debtor is necessary as the requirements for publication. However, this provision may give rise to incomplete publication and the problem of double payment. Having taken into account the absolute effect of the pledge and the preferential effect of the pledge, the essence of real rights is to have a method of public notice that differs from the requisite for setting up assignment of a claim against obligor. In this situation, the recent development of blockchain technology gives a lot of implications in relation to the publication of a pledge aiming at a claim. The attempts to apply to the real estate system by utilizing blockchain technology are found. This means that block chain technology can be utilized not only for a real estate system but also for the establishment of a pledge aiming at a claim. In other words, to solve problems related to the publication of a pledge aiming at a claim, it is time to discuss whether to apply blockchain technology with the characteristics of data distribution and transparency.