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Study on the Criminal Legal Responses to Cryptocurrency Crimes

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(4), pp.293-316
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 7, 2023
  • Accepted : November 25, 2023
  • Published : November 30, 2023

Kim, Jae-Han 1

1목포대학교

Accredited

ABSTRACT

The greatest interest in modern society can be said to be discussions about the direction of Internet technology and changes in human life through it. It is time to discuss what legal problems the changes in our social structure caused by the Fourth Industrial Revolution will cause and how our legal system should respond to these problems. Recently, it can be said that cryptocurrency based on blockchain technology has been at the center of these discussions. Cryptocurrency has the advantage of convenience and speed of remittance. However, problems with stability due to high price volatility, risk of accidents such as hacking of exchanges and electronic wallets, the use of enormous energy used in cryptocurrency mining, failure of decentralization due to the monopoly of large mining groups, and it could become a means of funding for criminal groups or tax evasion based on anonymity are being raised. However, cryptocurrency is evaluated as providing innovation in transfer and payment systems, and its use is rapidly spreading around the world. In the case of Korea, due to the lack of laws to regulate cryptocurrency, it has become the purpose or main means of crime, and even if a crime occurs, it is difficult to respond appropriately and quickly. It is time to prepare criminal legal alternatives for cryptocurrency crimes. In this paper, related concepts and characteristics were examined to define the legal nature of cryptocurrency based on previous study. In addition, the need for criminal legal measures was presented by reviewing the types and realities of cryptocurrency-related crimes. In order to prevent cryptocurrency-related crimes and protect investors, problems were reviewed from a criminal law perspective, and applicability and response measures within the criminal law system for cryptocurrency crimes were explored.

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