블록체인 기반 전자금융거래정보 규제의 쟁점과 과제

Issues and Tasks of Regulation of Electronic Financial Transactions Information Based on Blockchain

Recently, public interest in blockchain is increasing as the Financial Services Commission overhauled the token securities issuance (STO) discipline system in 2023 and the Bank of Korea plans to test the actual transaction of the central bank's digital currency (CBDC) in 2024. These regulatory changes suggest the possibility that financial transactions based on blockchain will be incorporated into the institutional sphere. When blockchain-based financial transactions such as CBDC are introduced in Korea, the basis for regulations to ensure safety will be the Electronic Financial Transactions Act and the Electronic Financial Supervisory Regulations. In addition, blockchains applied to current financial transactions must also comply with the Electronic Financial Transactions Act and the Electronic Financial Supervisory Regulations. However, since information recorded on the blockchain is difficult to modify or delete, and it is distributed and stored, there is a limit to applying the existing regulations based on the centralized system as it is. Therefore, regulations such as control of the computer ledger and destruction of electronic financial transaction information, provision and confidentiality of electronic financial transaction information, interpretation of information processing, backup and production in the event of an accident, and establishment of a disaster recovery center emerge as issues of securing safety. Financial authorities need to come up with a supervisory plan for blockchain-based financial services to respond to the new concept of a distributed ledger, and the regulation should be enacted and revised by strengthening the parts to be strengthened in the current regulation and deleting the parts to be deleted. In this study, specific policy countermeasures such as expanding the control of the computer ledger and anonymous processing means, reorganizing the scope of information provision and establishing a standard model, interpreting it as an electronic financial assistant and program, distinguishing clear roles and strengthening solidarity responsibility, and reflecting high operational resilience characteristics were proposed.