핀테크 비즈니스에서 스마트 컨트랙트의 활용과 사용자 보호에 관한 소고

Digital transactions in modern society can use blockchain technology to store transaction information in electronic form, breaking away from the traditional method of recording and contracting on paper. In addition, transactions that are automatically executed according to the agreement of the relevant transaction parties and that store data in a distributed manner have become possible. A smart contract based on blockchain refers to a computer code that uses distributed ledger technology to set the terms of the contract in advance as a code and automatically executes the contract without the intervention of a middleman when certain contract conditions are met. This is a technology that increases the reliability of transactions through encryption that is safer and faster than existing traditional contract methods and prevents forgery and falsification, and is being widely commercialized. In the fintech business, a vast number of products and services are released, forming a market, and numerous transactions between companies and consumers are constantly taking place. Here, users who enter into contracts with companies are in a relatively vulnerable position due to information asymmetry, irrational choices, weak bargaining power, and limited ability to bear losses. In particular, in the initial market newly formed using cutting-edge technology, user rights in accordance with the basic principles of consumer protection must be granted in a way that minimizes damage to users and does not undermine the value of fairness and equity in the market. To do so, it is necessary to explore the market characteristics and technical limitations surrounding smart contracts and then establish reasonable principles for user protection by considering problems that arise during the commercialization stage.