项目来源

韩国国家研究基金(NRF)

项目主持人

양영식

项目受资助机构

국립한밭대학교

立项年度

2020

立项时间

未公开

项目编号

2020S1A5A8045603

研究期限

未知 / 未知

项目级别

国家级

受资助金额

20000000.00韩元

学科

사회과학

学科代码

未公开

基金类别

학술·인문사회사업-SD-Research-신진연구자지원사업(인문사회)

블록체인 ; 스마트계약 ; 자동실행 ; 규제기술 ; 법률 정합성 ; 책임 ; 증명력 ; 증거력 인정 ; Smart Contract ; Blockchain ; Social Big data Analysis ; Legal Conformity ; Proof of Responsibility ; Accountability ; Automated Execution ; Algorithm ; Regulatory Technology ; Regulatory Sandbox

参与者

未公开

参与机构

未公开

项目标书摘要：Research Summary:Blockchain is a distributed ledger technology that allows all participants on the network to jointly verify,record,and store transaction information.Blockchain technology has the advantages of security,transparency,disintermediation(P2P-Based),and speed,so infinite technological growth is expected,and the ripple effect that creates economic efficiency throughout the industry is expected to be greatly expanded.Blockchain technology has the purpose of verifying reliability and integrity that proves transactions with a focus on fintech.Blockchain is the first to be commercialized in the field of cryptocurrency centered on Bitcoin,and then the Ethereum Smart Contracts platform that stores transaction records and contents in the block chain for transaction is emerging.Smart contract refers to the algorithm code itself pre-written as a computer program that automatically executes the conclusion and execution of the contract on the block chain according to the contract terms between the parties without central intervention.It is evaluated as an innovative technology that will bring about the second Internet revolution as it can automatically execute contracts according to the agreement of the parties involved in the transaction.The distributed ledger of smart contracts is a contract written using computer code that runs on its own in the network,and is an innovative contract tool that destroys the traditional notion of contracts in the past.From a technical point of view,such a smart contract has the advantage of securing rationality and reliability in the contract because forgery and falsification of the contract document is impossible.If it is used,it is inevitable that the parties who are accustomed to the existing contract will be confused about the norm.Attempts to commercialize smart contracts are activating the contract conclusion and execution process in various ways that can be automatically executed in all industrial fields,including financial transactions,real estate contracts,notarization,and insurance.A smart contract is an innovative contracting means that destroys the traditional concept of contracts in the past.In order to establish a fair transaction order for stakeholders who are accustomed to existing transaction practices and to resolve confusion in their perception of norms,explicit norms are needed.Smart contracts based on block chains are being expanded as a means of payment and settlement of transaction contracts while innovative technological approaches and commercialization attempts are being made centered on finance.In particular,the asset tokenization method,which divides asset rights by issuing digitized tokens of ownership of the underlying assets,secures transparency and liquidity of transactions for tangible and intangible assets such as real estate,artworks,and copyrights,and strengthens investment accessibility and costs.Blockchain smart contracts applied to these asset tokenization transaction methods are gradually expanding the scope and scope of their use.Recently,the US Securities and Exchange Commission(SEC)has published guidelines for incorporating cryptocurrencies into the institutional system,and has established guidelines for anti-money laundering and taxation.On the other hand,a unified bill on smart contracts has not been enacted,but in Arizona,Florida,and Tennessee,including Illinois,a codified regulation that recognizes enforcement power by granting legal basis,legal validity,and legal responsibility through individual laws.is presenting For the predictability of smart contracts and fair transaction consistency,efficient standard transaction rules that can protect all stakeholders and eliminate system risks,promote transaction safety,and protect users(consumers)should be established.Looking at the regulatory technical approaches to protect the users of these smart contracts,it is suggested to protect smart contracts by classifying them by commercial service.After dividing each service area into ① utilization of shared database model,② digital currency,③ digital asset transaction,④ virtual currency disclosure(ICO),regular audit and monitoring to protect consumers,customers This is a method that imposes a separate storage of assets and an obligation to explain the contents of the contract,and regulates matters that conflict with the violation by service providers.In order to secure the legal validity and power of evidence of smart contracts,the problem of responsibility and risk allocation due to malfunctions and errors of the smart contract algorithm should be resolved first.The risk that the expression of intention made based on the smart contract or the contents of the contract concluded is contrary to the will of the user belongs to the smart contract operator,and an appropriate control device is also required for a valid contract to be established.In addition,establishing the principle of appropriate risk allocation among the contracting parties is a way to maximize legal effectiveness.In the end,the risk of loss of a smart contract should be determined by comprehensively considering the relationship between the developer and operator of the smart contract and the counterparty while judging who can avoid the risk against the user's will at the minimum cost.It is important to establish a technology standardization model that can protect user data,track monitoring,and guarantee privacy for risks caused by malfunctions and errors of the smart contract automatic execution program.The method of guaranteeing by establishing a pricing mechanism for the scope of the contract is valid.This study is a basic study on the regulatory technology approach to smart contracts,and it is expected that it will be reborn as a study that provides a standard for setting the category of legal conformity reflecting the value-neutral nature of new technologies in the future.

Application Abstract: Research Summary:Blockchain is a distributed ledger technology that allows all participants on the network to jointly verify,record,and store transaction information.Blockchain technology has the advantages of security,transparency,disintermediation(P2P-Based),and speed,so infinite technological growth is expected,and the ripple effect that creates economic efficiency throughout the industry is expected to be greatly expanded.Blockchain technology has the purpose of verifying reliability and integrity that proves transactions with a focus on fintech.Blockchain is the first to be commercialized in the field of cryptocurrency centered on Bitcoin,and then the Ethereum Smart Contracts platform that stores transaction records and contents in the block chain for transaction is emerging.Smart contract refers to the algorithm code itself pre-written as a computer program that automatically executes the conclusion and execution of the contract on the block chain according to the contract terms between the parties without central intervention.It is evaluated as an innovative technology that will bring about the second Internet revolution as it can automatically execute contracts according to the agreement of the parties involved in the transaction.The distributed ledger of smart contracts is a contract written using computer code that runs on its own in the network,and is an innovative contract tool that destroys the traditional notion of contracts in the past.From a technical point of view,such a smart contract has the advantage of securing rationality and reliability in the contract because forgery and falsification of the contract document is impossible.If it is used,it is inevitable that the parties who are accustomed to the existing contract will be confused about the norm.Attempts to commercialize smart contracts are activating the contract conclusion and execution process in various ways that can be automatically executed in all industrial fields,including financial transactions,real estate contracts,notarization,and insurance.A smart contract is an innovative contracting means that destroys the traditional concept of contracts in the past.In order to establish a fair transaction order for stakeholders who are accustomed to existing transaction practices and to resolve confusion in their perception of norms,explicit norms are needed.Smart contracts based on block chains are being expanded as a means of payment and settlement of transaction contracts while innovative technological approaches and commercialization attempts are being made centered on finance.In particular,the asset tokenization method,which divides asset rights by issuing digitized tokens of ownership of the underlying assets,secures transparency and liquidity of transactions for tangible and intangible assets such as real estate,artworks,and copyrights,and strengthens investment accessibility and costs.Blockchain smart contracts applied to these asset tokenization transaction methods are gradually expanding the scope and scope of their use.Recently,the US Securities and Exchange Commission(SEC)has published guidelines for incorporating cryptocurrencies into the institutional system,and has established guidelines for anti-money laundering and taxation.On the other hand,a unified bill on smart contracts has not been enacted,but in Arizona,Florida,and Tennessee,including Illinois,a codified regulation that recognizes enforcement power by granting legal basis,legal validity,and legal responsibility through individual laws.is presenting For the predictability of smart contracts and fair transaction consistency,efficient standard transaction rules that can protect all stakeholders and eliminate system risks,promote transaction safety,and protect users(consumers)should be established.Looking at the regulatory technical approaches to protect the users of these smart contracts,it is suggested to protect smart contracts by classifying them by commercial service.After dividing each service area into ① utilization of shared database model,② digital currency,③ digital asset transaction,④ virtual currency disclosure(ICO),regular audit and monitoring to protect consumers,customers This is a method that imposes a separate storage of assets and an obligation to explain the contents of the contract,and regulates matters that conflict with the violation by service providers.In order to secure the legal validity and power of evidence of smart contracts,the problem of responsibility and risk allocation due to malfunctions and errors of the smart contract algorithm should be resolved first.The risk that the expression of intention made based on the smart contract or the contents of the contract concluded is contrary to the will of the user belongs to the smart contract operator,and an appropriate control device is also required for a valid contract to be established.In addition,establishing the principle of appropriate risk allocation among the contracting parties is a way to maximize legal effectiveness.In the end,the risk of loss of a smart contract should be determined by comprehensively considering the relationship between the developer and operator of the smart contract and the counterparty while judging who can avoid the risk against the user's will at the minimum cost.It is important to establish a technology standardization model that can protect user data,track monitoring,and guarantee privacy for risks caused by malfunctions and errors of the smart contract automatic execution program.The method of guaranteeing by establishing a pricing mechanism for the scope of the contract is valid.This study is a basic study on the regulatory technology approach to smart contracts,and it is expected that it will be reborn as a study that provides a standard for setting the category of legal conformity reflecting the value-neutral nature of new technologies in the future.