디지털 화폐의 사법상 권리와 이전- 일본의 자금결제법을 중심으로 -

The legal structure regarding the nature and transfer of judicial rights of digital currency is discussed in the case of digital currency provided by a money transfer service provider and digital currency provided by an issuer of a third-party prepaid payment method. The nature of the digital currency user’s rights provided by the money transfer service provider is the right to claim the performance of the delegated task of realizing the transfer of funds by transferring funds between accounts opened with the fund mover according to the user’s instructions, and the right to perform the delegated task from that account. This is the right to claim a refund for the remittance fee managed for processing. And the legal structure of the digital currency transfer provided by the money transfer service provider can be seen as transfer of claims, novation by change of creditor, and extinction and creation of claims. Meanwhile, the legal structure of digital currency transfer using a balance transfer type prepaid payment method among third-party prepaid payment methods is first, based on the agreement between the transferring parties, a portion of the prepaid payment method bond indicated by the account balance or The second is the creation of a new prepaid payment method bond based on a three-party agreement between the transferring party and the issuer, that is, the configuration of novation by change of creditor, and the third is the configuration of a third-party prepaid payment method. In each legal structure, the prepaid payment method claim of the user to the issuer is transferred by extinguishment or accrual. The legal structure of digital currency transfer using a number notification-type prepaid payment method consists of a bond transfer or a prepaid payment method at the time the issuer registers the amount in the account based on a number notification from a specified account holder. It can also be interpreted that a bond is created.