Uniform Regulation of Virtual Currency Business Act의 검토를 통한 시사점

Implications from Review of Uniform Regulation of Virtual Currency Business Act

Through the announcement of the government s strong regulation on Crypto Currency in 2017, the Crypto Currency market is recovering more stable than before in Korea. But The Counter Exchange is operating normally under the Electronic Commerce Act, and it is expanding its business scope by trading more Crypto Currency than before. In addition, traders are still trading 24 hours a day, 365 days a year. The government s regulatory direction on Crypto Currency seems to have taken the form of an indirect regulation that widened the scope of existing laws or made the market public by publicizing the government s position. In particular, despite the fact that the Korea Big Exchange was designated as an ISMS certification obligation in 2018, no one company has been certified. The government s position is that the provision of a legal basis for Crypto Currency can confuse investors by misinterpreting the state as the intent of Crypto Currency, and this prudent position seems reasonable over the medium to long term. However, the legal definition of the Crypto Currency and the regulations on the exchange are not to recognize the Crypto Currency as a legitimate financial instrument but to secure the legal stability of the Crypto Currency transaction. In the present case, despite the enormous investment gains and losses from Crypto Currency transactions, no legal sanctions can be imposed on exchanges or transactions. It should be borne in mind that this situation may place Crypto Currency users at a more unstable position. Under such circumstances, the United States Uniform Law gives great implications for the preparation of Korean legislation. In this study, the implications of the amendments pending in the National Assembly and the US Unification Law were sought.