Understanding South Korea’s Enhanced Crypto Rules for User Protection

Understanding South Korea’s Enhanced Crypto Rules for User Protection

South Korea is one of the most advanced and active countries in the world when it comes to cryptocurrency and blockchain technology. It has a large and vibrant crypto community, with millions of users, investors, and traders, as well as hundreds of startups, exchanges, and service providers. They are also ranked top 10 in terms of crypto adoption and trading by many different sources.

However, South Korea is also a country that faces many challenges and risks in the crypto space, such as hacking, fraud, money laundering, tax evasion, and market manipulation. These issues have prompted the government and the regulators to take a more proactive and stringent approach to crypto regulation, in order to protect the users, the industry, and the society from potential harm.

In March 2023, the National Assembly passed the Virtual Asset User Protection Act, which marked the country’s first step towards creating a legal framework for crypto assets. The act defines virtual assets as digital representations of value that can be traded or transferred electronically, and sets out the basic rights and obligations of the users and the service providers. The act also gives the Financial Services Commission (FSC), the main financial regulator, the authority to oversee and supervise the crypto sector, and to issue detailed rules and guidelines for its implementation.

The FSC has been working on drafting and proposing various rules and regulations to supplement the act, and to address the specific and emerging issues in the crypto space. The latest proposal, which was announced on December 10, 2023, aims to enhance the consumer protection and the transparency of the crypto industry, by imposing new requirements and standards for the virtual asset service providers (VASPs), such as exchanges, wallets, and custodians.

The new rules, which are scheduled to take effect on July 19, 2024, are open for public comment until January 22, 2024. They are based on the following principles and objectives:

  • To protect the users’ assets and interests, by requiring the VASPs to segregate the users’ deposits from their own assets, and to hold sufficient reserves in cold wallets, which are offline and more secure than hot wallets, which are online and more vulnerable to hacking. The VASPs must also pay fees to the users for using their deposits, and provide insurance or mutual aid coverage, or a reserve fund, to compensate the users in case of losses or damages.
  • To prevent the misuse and abuse of the users’ assets and information, by prohibiting the VASPs from engaging in unfair or fraudulent practices, such as insider trading, price manipulation, false or misleading disclosures, or blocking the users’ withdrawals without justification. The VASPs must also comply with the anti-money laundering and counter-terrorism financing rules, and report any suspicious transactions to the authorities.
  • To enhance the transparency and accountability of the VASPs, by requiring them to disclose their ownership structure, business scope, risk management system, and financial statements, and to obtain a license from the FSC. The VASPs must also disclose if they own or hold any crypto assets, and report their transactions and balances to the FSC on a regular basis. The FSC has the power to inspect, audit, and sanction the VASPs for any violations or non-compliance.
  • To promote the innovation and development of the crypto industry, by providing a clear and consistent legal framework, and by encouraging the VASPs to adopt the best practices and standards in the global market. The FSC also plans to support the research and education on crypto and blockchain technology, and to foster the cooperation and communication among the stakeholders, including the government, the industry, the academia, and the civil society.

The new rules, however, do not cover some of the emerging and controversial aspects of the crypto space, such as non-fungible tokens (NFTs), decentralized finance (DeFi), and metaverse. NFTs are unique and indivisible digital tokens that represent various forms of digital or physical assets, such as art, music, games, or collectibles. DeFi is a term that refers to the decentralized and peer-to-peer applications and platforms that provide various financial services, such as lending, borrowing, trading, or investing, without intermediaries or central authorities. Metaverse is a term that describes the immersive and interactive virtual worlds that are powered by blockchain and other technologies, such as virtual reality, augmented reality, and artificial intelligence.

These aspects pose new challenges and opportunities for the crypto industry and the society, as they involve complex and novel issues, such as intellectual property rights, data privacy, consumer protection, taxation, governance, and social impact. The FSC has stated that it will monitor and study these aspects, and will consider introducing separate and specific rules and regulations for them in the future, in consultation with the relevant authorities and experts.

In my opinion, the new rules proposed by the FSC are a positive and necessary step for the crypto industry and the society in South Korea, as they aim to provide a more robust and comprehensive regulatory framework that can balance the interests and needs of the users, the service providers, and the regulators. The new rules can also enhance the credibility and legitimacy of the crypto sector, and can foster its growth and innovation, by aligning it with the global standards and trends.

However, I also think that the new rules are not sufficient and perfect, as they still leave some gaps and uncertainties in the crypto space, especially regarding the emerging and dynamic aspects, such as NFTs, DeFi, and metaverse. These aspects require more attention and research, as they have the potential to transform and disrupt various sectors and domains, such as culture, entertainment, education, healthcare, and governance. They also raise new ethical and social questions, such as the ownership, identity, and participation of the users and the creators, and the impact and influence of the virtual and the real worlds.

Therefore, I suggest that the FSC and the other authorities should adopt a more proactive and adaptive approach to crypto regulation, by engaging and consulting with the stakeholders and the experts from the crypto industry, academia, civil society, and international organizations, and by devising a regulatory framework that is based on evidence, research, and consensus. They should also create a conducive and enabling environment for crypto innovation and adoption, by providing legal clarity, certainty, and protection to the users, investors, and businesses, and by fostering a culture of education, awareness, and collaboration.

South Korea has a unique opportunity and potential to become a leader and an innovator in the crypto and the Web3 space, but it also faces a critical choice and a challenge. It can either embrace crypto and Web3 as a catalyst and a partner for growth and development, or it can reject them as a threat and a competitor for control and dominance. The former would open up new horizons and possibilities for South Korea and its people, while the latter would close them off and isolate them from the rest of the world. The choice is clear, but the challenge is not easy. South Korea needs to act fast and act smart, before it is too late.

 

Source: https://www.securities.io/understanding-south-koreas-enhanced-crypto-rules-for-user-protection/

What are the primary reasons behind South Korea's active role in cryptocurrency and blockchain technology?

South Korea's robust involvement in crypto and blockchain is due to its large and active community, which includes numerous users, investors, and startups. Ranked among the top 10 in global crypto adoption and trading, the nation's tech-savvy populace and vibrant ecosystem drive its pivotal role in this domain.

What recent regulatory steps has South Korea taken in the crypto space?

In March 2023, South Korea passed the Virtual Asset User Protection Act, a pivotal move towards establishing a legal framework for crypto assets. This act provides the Financial Services Commission (FSC) with oversight authority and empowers it to set detailed regulations for the crypto sector.

Could you highlight the objectives and principles of the latest crypto regulations proposed by the FSC in South Korea?

The FSC's recent proposal, scheduled for implementation on July 19, 2024, focuses on safeguarding user assets and interests, preventing misuse, enhancing transparency, and encouraging innovation in the crypto sector. Anndy Lian added that these measures aim to fortify consumer protection, align with anti-money laundering regulations, and foster a more accountable and secure environment.

What key areas do the new regulations in South Korea overlook in the crypto space?

Anndy Lian said that the proposed rules primarily address fundamental aspects and omit certain emerging areas like non-fungible tokens (NFTs), decentralized finance (DeFi), and the metaverse. These domains, with their complex issues surrounding intellectual property, privacy, and governance, necessitate further consideration for specific and tailored regulations.

How can South Korea maximize its potential in the crypto and Web3 space while addressing regulatory gaps?

South Korea's advancement in crypto and Web3 hinges on adopting an adaptive regulatory approach. Anndy Lian pointed out that collaboration between authorities, industry experts, and stakeholders will enable the creation of a robust, evidence-based framework. Embracing innovation, providing legal clarity, and fostering educational initiatives will propel the nation towards leadership in this transformative space.

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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South Korea’s Evolving Regulatory Landscape for Cryptocurrencies: What to Expect

South Korea’s Evolving Regulatory Landscape for Cryptocurrencies: What to Expect

South Korea’s cryptocurrency industry is bracing for an impending shakeup as policymakers set their sights on regulation. The government’s primary objective is to safeguard investors by stamping out any fraudulent activities that may be lurking within the industry’s dark corners. While the specifics of these regulations remain unclear, one thing is certain: change is coming.

FIU Takes Action

South Korea has been actively engaged in the regulation of its digital asset market. In the latest development, the country’s Financial Intelligence Unit (FIU) has taken stringent measures against five cryptocurrency exchanges, namely Bithumb Korea, Coinone, Dunamu, Korbit, and Streami, for their blatant disregard of regulations pertaining to the reporting of irregular crypto trading. The exchanges have been found negligent in their duty to monitor and report suspicious transactions diligently, resulting in the discovery of several instances of irregular trading practices. The detected irregularities include using borrowed-name bank accounts for transactions and grossly insufficient internal controls.

Notably, the FIU unearthed one case of a 95-year-old man engaged in late-night trading of over 30 different types of cryptocurrency, covertly splitting his money into smaller amounts to avoid detection. In another instance, a customer repeatedly withdrew money promptly after large virtual asset deposits had been made, raising suspicion of wrongdoing. On top of these, the FIU found that one of the board members of a cryptocurrency exchange was involved in transactions using their spouse’s name, further underscoring the lackadaisical attitude towards internal controls.

As a result, the FIU has levied substantial fines and issued disciplinary warnings on the exchanges, with the potential to order further improvements if the corrective actions taken by the exchanges are deemed inadequate. The fines amount to a staggering 490 million won, and the exchanges have been given a strict deadline of three months to address the identified suspicious transactions. The neglect of duty by the cryptocurrency exchanges and the discovery of various irregular trading practices emphasize the urgent need for stricter regulations and improved monitoring mechanisms to thwart illegal activities such as money laundering in the crypto market.

Parliament Expected to Pass New Digital Asset Bills

The South Korean parliament is expected to pass a bill regulating the digital asset market in April 2023, which was proposed at the end of 2022. Currently, 18 digital asset bills are being debated in the Political Affairs Committee of the National Assembly of South Korea. These bills are part of the proposed Virtual Assets Act, which aims to regulate the digital asset market in South Korea. The bills cover a range of topics, including amendments to the Exchange Act and the Specific Financial Information Act, and the establishment of new regulations.

Out of the 18 bills, 11 are related to virtual assets, 4 are amendments to the Exchange Act for electronic financial services, 2 are amendments to the Specific Financial Information Act, and 1 is related to establishing financial institutions for digital assets. The parliament members have expressed their belief that the bill to regulate the digital asset market would likely be passed in April, owing to the intense debates that have been taking place in the Political Affairs Committee, with members narrowing their differences. Members of the first subcommittee have shown a keen interest in the bill and are expected to pass 18 digital asset bills by the end of the month.

The regulatory landscape for cryptocurrencies in South Korea is rapidly evolving, with new laws being proposed and enforced in response to the growing popularity of digital assets.

Actions Determine the Future

The government is willing to take legal action against crypto companies that engage in fraudulent activities. South Korean prosecutors also seek to extradite Do Kwon, a crypto entrepreneur accused of a multibillion-dollar fraud, to face charges in South Korea. Do Kwon was taken into custody in Montenegro, and South Korea and the US requested his extradition. There have also been attempts to arrest another Co-Founder of Terraform Labs, Shin Hyun-Seung, or Daniel Shin, in connection with the investigation into the collapse of the Terra-Luna cryptocurrency. Still, a South Korean court has twice dismissed the request for his arrest. This suggests that the government is willing to take legal action against crypto companies that engage in fraudulent activities.

With protecting their investors in mind, the domestic market has picked up a lot of confidence. They have seen a resurgence of cryptocurrency trading, particularly in XRP tokens. The trading volume for XRP has spiked to billions of dollars on top Korean exchanges like UpBitBithumb, and Korbit. In fact, XRP has overtaken Bitcoin in volume on the top 4 Korean exchanges.

crypto stats

Source: CoinGecko

They are taking steps to regulate the cryptocurrency industry and protect investors. There are also rumours that regulators have started to take notice of foreign cryptocurrency exchanges operating in South Korea through various affiliate marketing programs, social trading, and decentralized wallets. It seems like they will block domestic access to foreign cryptocurrency exchanges that lack the proper registration to operate in the country in due course. Previously, FIU has notified authorities that 16 firms allegedly violated this rule. Violating the registration requirements carries a maximum sentence of five years in prison or a fine of up to 50 million South Korean won (US$38,000).

Ending Remarks

South Korea’s efforts to regulate the rapidly evolving cryptocurrency landscape must be applauded for their aim to safeguard investors and combat fraud. However, the impact of these regulations could be more far-reaching and, dare I say, detrimental than initially anticipated. While well-intentioned, the imposition of rigorous regulations may deter reputable companies from entering the market and quash the spirit of innovation that has driven the cryptocurrency industry thus far. Companies may opt to relocate to jurisdictions with more lenient regulatory environments without a coherent global regulatory framework. This, in turn, could lead to a dangerous exodus of capital and talent from South Korea, leaving it in the dust.

Therefore, policymakers must take a nuanced approach that balances investors’ protection with the encouragement of innovation. Perhaps, instead of going it alone, South Korea could spearhead a collaborative effort that brings together regulators from around the world to craft a regulatory framework that is both effective and equitable. By doing so, South Korea could become a beacon of progress in the cryptocurrency industry, fostering creativity and responsible business practices.

South Korea is still one of the biggest forces in the cryptocurrency space and will remain competitive for years to come if they strike a good balance.

Source: https://www.financemagnates.com/cryptocurrency/south-koreas-evolving-regulatory-landscape-for-cryptocurrencies-what-to-expect/

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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Here Are the Most Popular Cryptocurrencies in South Korea: Report

Here Are the Most Popular Cryptocurrencies in South Korea: Report

The five most preferred digital assets by South Korean investors are Bitcoin (BTC), Ripple (XRP), Ether (ETH), Cardano (ADA), and Dogecoin (DOGE).

South Korean investors reportedly own over $5 billion worth of Bitcoin (BTC). Ripple (XRP) is the second most popular digital asset as locals hold nearly $4.8 billion in it.

BTC and XRP Lead the Way

South Korea’s leading crypto exchanges – Upbit, Bithumb, Coinone, and Korbit – conducted a study to determine which digital assets are the most attractive to local investors. The largest cryptocurrency by market capitalization – Bitcoin (BTC) – places first as South Koreans have invested more than $5 billion in it. The native token of Ripple – XRP – ranks second with around $4.8 billion distributed in it.

The third and fourth places belong to Ether (ETH) and Cardano (ADA), respectively. Investors own approximately $4.5 billion worth of the second-largest digital asset and nearly $1 billion in ADA.

Interestingly, the first-ever memecoin – Dogecoin (DOGE) – rounds up the top 5. South Koreans hold almost $900 million worth of it.

The report noted that local investors traded over $7 trillion in digital assets throughout 2021. The figure is more than the entire amount traded on the main Korea Composite Stock Price Index and the transactions on the junior Kosdaq.

South Korea Takes the Crypto Path

Last month, the East Asian country held its most contested presidential election. In the aftermath, the candidate of the Conservative party – Yoon Suk-yeol – collected only 263,000 votes more than his opponent and became South Korea’s next President. What’s more interesting is that he is a keen proponent of the cryptocurrency industry and vowed to turn his homeland into a digital asset hub.

During his campaign, he promised to allow initial coin offerings (ICOs) and increase the minimum threshold for paying capital gains tax on profits from crypto investments. He vowed to change the law and ensure that those who generate revenues of less than $40,000 annually should be exempt from paying taxes. Currently, such taxation is imposed on investors who make more than $2,000 per annum.

Korea Blockchain Association – a lobby group for crypto exchanges – envisioned that the new leader of South Korea will positively impact the local digital asset ecosystem. Secretary-General Yoon Seong-han said:

“We definitely welcome his stance as he is confident about boosting the industry. As ICOs are banned now, we have no choice but to issue coins in Singapore and other countries. Ventures and startups will be able to raise money easily from investors [if the ban is lifted].”

BigONE Exchange’s Chairman – Anndy Lian – also welcomed the new President of the country:

“He understands the importance of crypto. He understands the future, and it is unstoppable.”

 

Original Source: https://cryptopotato.com/here-are-the-most-popular-cryptocurrencies-in-south-korea-report/

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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