가상자산 이용자 보호를 위한 분쟁조정제도의 법적 미비점과 개선방안

This study aims to propose legal and institutional improvements to effectively resolve consumer disputes arising in the virtual asset market. Although virtual assets share similar trading structures and characteristics with financial products, they are not clearly classified as such under the current legal framework. Consequently, legal limitations exist in applying the Financial Supervisory Service's (FSS) financial dispute resolution procedures when disputes arise. Virtual assets possess various legal characteristics—such as security-type, payment-type, and other categories—yet some types fall outside the scope of the Act on the Protection of Financial Consumers and are thus excluded from the FSS's dispute resolution procedures. Due to these legal gaps, virtual asset users face difficulties in obtaining prompt and effective remedies when damage occurs. This paper first analyzes the current dispute resolution system in Korea and its limitations, discussing why the FSS's financial dispute resolution procedure is suitable for resolving virtual asset disputes. However, it also highlights the legal shortcomings in applying these procedures to virtual assets that are not classified as financial products. To overcome these limitations and explore directions for improving domestic systems, the paper examines dispute resolution frameworks in Japan and the European Union (EU). Japan applies the Payment Services Act and the Financial Instruments and Exchange Act based on the legal nature of virtual assets. Dispute resolution for security-type virtual assets is conducted through Financial Instruments Mediation Assistance Center (FINMAC), while payment-type virtual assets are handled via procedures established under agreements with bar associations. In the EU, the Markets in Crypto-Assets Regulation (MiCA) explicitly stipulates complaint handling procedures and simplifies market entry for existing financial institutions, aiming to enhance market stability and consumer protection. These international cases provide valuable insights for improving Korea's virtual asset dispute resolution system. Based on this analysis, the study proposes both short-term and long-term solutions. In the short term, it suggests revising the Act on the Protection of Virtual Asset Users to explicitly introduce a dispute resolution process modeled after Article 28 of the Special Act on Support for Financial Innovation. This approach aims to minimize regulatory gaps and ensure the swift redress of user damages. In the long term, the paper discusses the necessity of easing the separation between financial and industrial capital, thereby allowing financial companies to enter the virtual asset industry. This approach, inspired by the MiCA framework, would enable licensed and well-supervised financial institutions to participate in the virtual asset sector, thereby enhancing market stability and consumer protection while addressing structural issues within the industry. This study concludes that such institutional improvements will contribute not only to securing the reliability and stability of the virtual asset market but also to redefining the relationship between the virtual asset industry and the financial sector in the long term.