스마트 컨트랙트의 증거력 인정에 관한 연구

Blockchain-based smart contracts are decentralized (DeFi) technologies that operate on online networks and can ensure transparent and rapid transactions and security. Transaction costs are reduced due to self-enforcing and incurred during the transaction process. Because it has the advantage of being able to resolve unnecessary disputes, attention is being paid to its use. A smart contract sets up an algorithm written in advance as program code to determine the rights and obligations of the contract according to the agreement of the trading parties and then automatically executes it according to the coded conditions. However, if an error in the program code occurs here, normal transactions will be affected and contract performance will be terminated abnormally, resulting in the problem of incomplete performance. In addition, program malfunction, malicious destruction, or external hacking are raised as potential risk factors for incomplete performance. In particular, if a program error occurs due to a technical defect in the operation of the smart contract algorithm, or if the program is destroyed or stolen due to external hacking, the contract will be incomplete, resulting in issues regarding legal liability and losses. In the end, smart contracts use blockchain technology to create and distribute contract terms in code, unlike traditional contract conclusion methods, and are automatically executed without an intermediary, so there is legal uncertainty in applying existing contract law. Therefore, there is a need for a written law that can secure legal binding force based on the legal consistency required to recognize the evidentiary power of smart contracts.