가상자산에 관한 민사법적 규율에 관한 소고

초록

Based on the explanation of the right of control over so-called virtual assets as a right of quasi-ownership, this article examines the applicability of the right of quasi-possession, the right of return, the right to exclude infringement and prevent infringement, the limitation period and the right of under Korean property law, as well as the applicability of provisions relating to contracts of sale, gift and in lieu of an object under the law of obligations and the method of performance. In addition, based on the legal nature of the service contract concluded by the virtual asset user with the service provider, the content of the virtual asset provider's duty of care and the acquisition, pledging and enforcement of ownership of virtual assets when acquiring virtual assets via an account on the provider's system were examined. Since the advent of intellectual property rights, the establishment of legal relationships surrounding the control of intellectual property rights, their transfer and method of enforcement has necessitated the harmonization of intellectual property laws such as copyright laws and patent laws and the establishment of enforcement laws accordingly. Similarly, this paper has shown that it is difficult to fully utilize the existing legal system to establish civil legal relationships around newly emerging virtual assets. Incorporating virtual assets into property in civil law will be the most basic method, but it is difficult to expect a quick conclusion as questions remain as to whether all intangible assets such as data should be incorporated into property and, if so, the content of the technical methods for ensuring dominance and exclusivity. However, the above discussion of the issues of property law and the law of obligations relating to virtual assets that underlie these questions is valuable, as enforcement law reform is the most urgent task among the various property law issues relating to virtual assets in the current situation.

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