가상자산법의 입법방향과 중요 쟁점 검토

The Virtual Asset User Protection Act includes 11 additional opinions when enacting the bill and requires the Financial Services Commission and the Financial Supervisory Service to prepare various supplementary measures and present opinions on the second stage of legislation. Legislative discussions related to the subsidiary opinion have not yet been clarified, and there are no clear standards for establishing a relationship with the Specific Financial Information Act, which can be said to be the existing regulation on virtual asset regulation. Currently, the definitions of virtual assets and virtual asset business operators under the Specific Financial Information Act are borrowed from the Virtual Asset User Protection Act. However, considering the differences between the Specific Financial Information Act, which aims to prevent money laundering in international finance, and the Virtual Asset User Protection Act, which aims to protect the rights and interests of virtual asset users and establish a transparent trading order in the virtual asset market, it is questionable whether this legislative system is appropriate. A review is needed. The issue of the system for the stability of the virtual asset market is also important, but there is a sense that there is a lack of discussion on this. In establishing a regulatory system for the virtual asset market, the peculiarities of virtual asset trading, such as the 24-hour trading system of the virtual asset exchange, issues regarding the business area of ​​the virtual asset exchange, the safety of blockchain technology, and the characteristics of the storage form of virtual assets, are considered. must be taken into consideration. On the other hand, the Virtual Asset User Protection Act also addresses issues of conflict of interest that may arise when carrying out the duties of a virtual asset business operator, which must be approached differentially depending on the situation. In other words, since self-issuance and self-dealing are prohibited, the possibility of conflict of interest in this respect is very low, but in the case of concurrent trading and brokerage, the problem of conflict of interest may be pointed out. In addition, the inappropriate misappropriation of information by executives and employees of virtual asset companies or the trading of virtual assets using undisclosed information is not a conflict of interests, but rather a compliance aspect such as ethics or internal control. It is more efficient to approach from.