가상자산 거래소 해킹 사고에 대한 손해배상책임 제도 설계방안에 관한 연구

This study aims to propose specific design measures for a liability system for damages to overcome the limitations of current laws in protecting users, in response to the situation where virtual asset hacking techniques have evolved to the point of rendering even traditional security systems ineffective. To this end, it compares and analyzes domestic and international virtual asset regulations, case law, and domestic legislation related to electronic financial accidents. It proposes introducing a comprehensive strict liability principle that transcends the limitations of existing legislation, while clearly defining specific technical and managerial security obligations and the ultimate responsibility of exchanges for external custodians. Furthermore, it proposes presuming gross negligence in cases of security obligation violations and linking this to punitive damages, along with realistic standards for calculating damages that account for the price volatility of virtual assets and control measures against unfair exemption clauses. Finally, by referencing leading overseas regulatory cases, it proposes securing compensation funds covering both hot wallets and cold wallets. Furthermore, it suggests designing a multi-layered safety net that fundamentally protects users from operator bankruptcy risks through measures like mandatory asset trusts. This aims to enhance trust in the virtual asset market and contribute to robust user protection.