가상자산의 불공정거래행위 규제에 관한 연구

Research on the Regulation of Unfair Trade Practices in Virtual Assets: Focusing on IOSCO's CDA Recommendations and Act On The Protection Of Virtual Asset Users

As an IOSCO member, South Korea needs to consider IOSCO's CDA Recommendation to establish a regulatory framework for virtual assets. In fact, the Act On The Protection Of Virtual Asset Users and the CDA Recommendations are in line with each other in that they focus on investor protection and regulate unfair trade practices. Considering the ongoing legislative process in Korea, it is necessary to identify international policy trends such as the CDA Recommendation to enhance international harmonization and establish a market soundness and investor protection system. Therefore, this study focuses on the IOSCO's CDA Recommendations and the issues related to the regulation of unfair trade practices covered in the Korean Act On The Protection Of Virtual Asset Users and the Enforcement Decree of the Act, and compares and examines how such unfair trade practices should be regulated with the regulation of unfair trade practices in existing Financial Investment Services And Capital Markets Act. In order to ensure that the legal system related to virtual assets is fair and reasonable, it will be necessary to monitor whether virtual asset exchanges are properly fulfilling their obligations under the Act On The Protection Of Virtual Asset Users and whether practical issues are being resolved, and to find improvements through the establishment of practical examples of operation.