블록체인 기반 가상자산에 관한 민사법적 취급 - 가상자산 거래의 여러 국면과 상황을 기초로 -

There are two ways to hold virtual assets: a case where the user directly has the authority to dispose of virtual assets on the blockchain, and a case where the transaction is made through a virtual asset exchanger. These two ways are completely different from a legal perspective. In the latter case, it can be theoretically constructed as having the right to claim for virtual assets to the exchangers in relation to civil legal treatment. On this premise, a group of lower court precedents has also been formed. However, it should be discussed how to handle the insolvency of a virtual asset exchanger. Meanwhile, in the former case, although it is understood to have the nature of a proprietary right rather than a claim, there remain a lot of problems i.e. the recovery from theft, the security right over virtual assets, and the availability of their inforcement. In particular, the methods to ensure the effective inforcement for blockchain-based virtual assets should be carefully considered. In reality, the transactions of the blockchain-based virtual assets are actively taking place, but it should always be noted that they have enormous risks in that they have no underlying assets. Therefore, when discussing blockchain-based virtual assets, it must be clarified that the state does not guarantee the economic value of virtual assets and fully recognized that it is only intended to legally support the resolution of civil disputes related to virtual assets and the recovery of their economic redemption.