소비자 보호 관점에서의 NFT

NFT is a virtual asset with non-fungibility. The most important technical characteristic of NFT is that it is a kind of ‘certificate’ linked to other values, and the object linked to the NFT exists separately from the NFT. In other words, the acquisition of a NFT does not guarantee the legal, technical, or logical acquisition of the status or rights of the linked assets represented on the NFT. NFT holders may acquire legal status or rights regarding the linked assets represented on the NFT only to the extent specified and agreed by the NFT issuer. Therefore, in NFT transactions, "what rights can be acquired for those other assets" and "whether the issuer's obligations related to the acquisition of rights are actually being fulfilled" are very important along with "what other asset is linked with the NFT."However, in actual cases of NFT transactions, the following cases are frequently found; failure to provide information on the rights of linked assets; non-performance of projects or benefits represented; provision of false or exaggerated information; unilateral reduction or change of nbnefits. In this way, it is necessary to review and regulate from a consumer protection perspective. However, while it is unclear whether Korean consumer protection laws can be applied directly to NFTs, there are also concerns about the side effects of applying the existing laws directly to NFTs. Therefore, it is necessary to first accurately recognize these issues, and as a next step, discussions should be held to establish improvement measures that can harmonize consumer protection and the technical characteristics of NFTs, such as preparing a standard contract and reorganizing the existing legal system.