디지털자산 국제거래의 민사법적 쟁점에 관한 소고 - 국제물품매매계약에 관한 유엔 협약(CISG) 적용 가능성을 중심으로 -

While there has been extensive discourse on the regulatory aspects of digital assets, discussions from a civil or commercial law perspective regarding the international trade of digital assets, particularly in the realms of international trade law and private international law, appear to be lacking. There is a pressing need for research aimed at harmonizing the civil legal relationships pertaining to the international trade of digital assets. As part of this research, it is imperative to explore whether the "United Nations Convention on Contracts for the International Sale of Goods" ("CISG") could be applicable to international transactions involving digital assets as commodities for sale or as a means of payment. Both affirmative and negative arguments can be made regarding the applicability of CISG to international trade of digital assets. However, considering the legislative intent of CISG and the imperative for a unified judicial regulation of international trade of digital assets, it is advisable to positively consider an interpretative approach that broadly construes the scope of the agreement to deem its application viable. Nonetheless, even if CISG were to be applicable to digital assets, its scope of application appears to be quite limited. This indicates the necessity for the establishment of a new international norm that comprehensively addresses the international trade of digital assets. Until now, legal scrutiny concerning digital assets has predominantly focused on their nature as financial investment products, often delving into matters of investor protection within the framework of financial regulatory perspectives. It is now a pivotal moment necessitating thorough examination of how civil legal relationships pertaining to digital assets should be approached.