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The Legal Future of South Korea’s Crypto Industry: Necessary Legislation and Systems

Policy & Regulation·October 26, 2023, 9:55 AM

A recent National Assembly symposium organized by South Korea’s Digital Asset Policy Forum brought experts together to discuss the challenges and prospects of the implementation of the Virtual Asset User Protection Act at the National Assembly Members’ Office Building in Seoul on Tuesday.

Photo by Tingey Injury Law Firm on Unsplash

 

International models

References were made to global examples, such as the Markets in Crypto-Assets Regulation (MiCA) — the world’s first standalone virtual asset legislation enacted in the EU — which ensures transparency, disclosure, authorization, and supervision of crypto-asset transactions. However, unlike the capital market, MiCA does not impose regular disclosure reporting requirements or corrections on them. Firms in Japan, on the other hand, are asked to provide disclosure under autonomous regulation through the Japan Virtual and Crypto Assets Exchange Association (JVCEA).

Notably, in its recent Policy Recommendations for Crypto and Digital Asset Markets Consultation Report, the International Organization of Securities Commissions (IOSCO) states that it is “seeking to encourage optimal consistency in the way crypto-asset markets and securities markets are regulated within individual IOSCO jurisdictions, in accordance with the principle of ‘same activities, same risks, same regulatory outcomes’.” This principle refers to the concept that any crypto-asset activity that has a similar function and poses similar risks to those in the traditional financial system — such as operating a trading platform or providing custody services — is subject to regulation that ensures equivalent outcomes, as defined by the UK Parliament.

The IOSCO report also suggests that crypto-asset service providers (CASPs) should disclose information regarding ownership and control of crypto-assets, issuer and business-related information, issuer management teams, transaction history and operational description of crypto-assets, token ownership concentration, transfer protocols, and a given CASP’s treatment of the client crypto-assets and their respective rights and entitlements during events like hard forks and airdrops.

 

Hurdles to overcome

Experts at the forum reflected these considerations in their sentiments. Han Suh-hee, a lawyer at Barun Law Firm, emphasized that it is important to determine what kind of information should be disclosed. She argued that it is necessary to discuss to what extent information about virtual asset issuers should be disclosed and whether mandating firms to disclose their financial and business conditions is efficient.

In particular, Han underlined the need to consider the differences between virtual assets and stocks when establishing a framework for the disclosure of virtual assets holdings. Unlike stocks, virtual assets possess distinctive characteristics like their borderless and decentralized nature, unclear issuer backgrounds, and the ability to conduct peer-to-peer (P2P) transactions.

Lee Han-jin, a lawyer at Kim & Chang Law Firm, added that the enactment of Korea’s Virtual Asset User Protection Act was aimed at establishing a system directly targeted at regulating virtual assets and virtual asset service operators (VASPs) — a significant development from the Financial Transaction Reporting Act, which had until now been the only legal framework responsible for regulating VASPs along with other entities like casino business operators. Virtual assets are now subject to a more systematized regulatory approach.

However, he said that the Virtual Asset User Protection Act still has its setbacks because it is undergoing a two-stage legislative process. Lee criticized the fact that the same definition of VASPs outlined in the Financial Transaction Reporting Act had been brought over, which limits their identity to transaction intermediaries, wallet operators, and custodians while overlooking their other roles like crypto management, crypto deposits, and crypto collective investments.

Lee also pointed out another weakness: the scope of prohibition on using undisclosed information and market manipulation is broader in the Virtual Asset User Protection Act than in the Capital Markets Act. He argued that enforcement decrees should stipulate the definition of insiders and exceptional cases when deliberating on the prohibition of insider virtual asset trading.

Lee thus emphasized the need for a clear definition of virtual assets in the Virtual Asset User Protection Act, as it is yet unclear whether they are objects or assets. All things considered, he believes there must be a law that can encompass blockchain-based decentralization, outline the similarities and differences between digital assets and financial products, and accommodate new services that utilize smart contracts.

“We are in the process of creating a regulatory system similar to those being adopted in other countries based on their respective markets,” said Lee Seok-ran, head of the Financial Innovation Bureau at the Financial Services Commission (FSC). “Unlike the stock market, which is equipped with regulations to prevent fraudulent transactions and misconduct, virtual assets are traded on multiple exchanges, so we are considering how to interpret unfair trading activities and conduct market surveillance.”

She explained that the commission is prioritizing user protection measures and subordinate regulations. “I believe we will be able to create a system for subordinate regulations on disclosure once an overall global trajectory is established. But before that happens, we are working on guidelines for defining unfair trading activities with regulators and the Digital Asset eXchange Alliance (DAXA).” Unfair trading activities associated with virtual assets include not only those conducted on exchanges but also under other circumstances.

The FSC officer said that the financial authority is set to establish legal criteria to distinguish cases such as false statements in white papers of crypto projects. She added that enforcement decrees will define both the conditions for restricting deposits and withdrawals on crypto exchanges and the corresponding limits.

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Policy & Regulation·

May 29, 2023

Bali Governor Warns Tourists of Consequences of Crypto Use

Bali Governor Warns Tourists of Consequences of Crypto UseAuthorities in Bali have issued a stern warning to foreign tourists, cautioning against the use of cryptocurrencies as a means of payment.Bali Governor Wayan Koster delivered the message during a tourism development press conference on Sunday, stating that individuals who pay with crypto or violate other regulations could face severe consequences, including deportation, criminal penalties, or strict sanctions.Photo by Alfiano Sutianto on UnsplashCrypto use “dealt with firmly”According to reports from state-owned Indonesian news agency Antara, Governor Koster emphasized the need for firm action against foreign tourists who engage in inappropriate behavior, violate their visa permit conditions, attempt to use cryptocurrencies for transactions, or infringe upon other provisions. Koster stated that tourists that violate Indonesian law and use cryptocurrency for payment “will be dealt with firmly.”Indonesian law mandates that all transactions within the country must be conducted in the local currency, the rupiah. Individuals found using alternative currencies can face imprisonment of up to one year and fines of up to 200 million rupiah ($13,300). These regulations were initially implemented to safeguard the rupiah from the widespread use of the U.S. dollar in the country.‘Silicon Bali’In recent years, however, Bali has emerged as a popular destination for crypto enthusiasts, earning the moniker of ‘Silicon Bali.’ The island has witnessed the rise of cryptocurrencies, with the local crypto community even establishing physical spaces such as the clubhouse set up by Indonesian exchange Tokocrypto.While the use of cryptocurrencies as assets is permitted in Indonesia, their use as a form of payment is strictly prohibited. The country also imposes restrictions on individuals engaging in foreign exchange business activities, requiring them to obtain permission from Bank Indonesia.During the press conference, Governor Koster reiterated the regulations, emphasizing that violations would result in administrative sanctions, including written reprimands, fines, and prohibitions on payment transactions.This latest announcement is part of ongoing efforts to curb negative tourist behavior on the island. Bali, heavily reliant on tourism, experienced significant setbacks due to the COVID-19 pandemic and subsequent travel restrictions. With the return of international visitors, new challenges have emerged.Earlier this year, Governor Koster proposed a ban on tourists using motorbikes following numerous traffic violations and accidents. Concerns have also been raised regarding tourists disrespecting local traditions by posing nude in sacred sites or engaging in digital nomad activities without obtaining proper visas.Policy strugglesThe firm stance taken in Bali on cryptocurrency payments aligns with the local administration’s commitment to upholding local regulations and maintaining the stability of the national currency. However, the Governor’s response is further evidence of the struggles that centralized governments and administrations around the world have been having in understanding decentralized cryptocurrency. The default position of many centralized governments has naturally enough been to control it.For that reason, we have seen administrations in places like India who have changed tact several times, sometimes banning crypto while at other times, permitting it. As time goes on, central administrators are beginning to realize that they can’t control it fully. They can only slow down its rate of progress at best.Over the course of the past 26 years, the Southeast Asian country’s sovereign currency has averaged an inflation rate of 9%, peaking in 1998 at a rate of 82%. Against that background, there’s likely to be an ever-growing interest in using decentralized cryptocurrency in the country.

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Policy & Regulation·

Jun 14, 2023

North Korean Hackers Take Off With $100M Atomic Wallet Honeypot

North Korean Hackers Take Off With $100M Atomic Wallet HoneypotHaving reported last week on a $35 million hack of Atomic Wallet users’ funds, an update on the matter reveals that the situation is much worse than originally thought, with losses now exceeding $100 million.Photo by Kenny Eliason on Unsplash5,500 wallets compromisedThe attack has sent shockwaves throughout the crypto community, raising concerns about the security of decentralized wallets. Atomic Wallet, an Estonia-based project known for its non-custodial approach where users take full responsibility for storing their assets securely, has been hit hard by this unforeseen breach.Elliptic, a crypto compliance analysis company, published an update on the situation on Tuesday. According to that blog article, it estimates that approximately 5,500 crypto wallets have been compromised, meaning that losses have risen to more than $100 million, highlighting the severity of the attack.Despite the significant impact on users, Atomic Wallet has yet to provide an explanation regarding the root cause of these substantial losses. Users have taken to social media in frustration, demanding clarification from the company. Surprisingly, the company’s last direct update on Twitter dates back to June 7, leaving users feeling even more anxious.User frustrationOne user, Ezra Carlson, expressed frustration, questioning why Atomic Wallet didn’t warn users when they were aware of the ongoing hack. Carlson tweeted: “@AtomicWallet why won’t AM give me a straight answer about why they didn’t warn me, knowing full well that they were being hacked, that it was not safe to use AM last week before I made a transfer to my wallet that was then hacked.”Another user, “Real Deal Crypto,” criticized Atomic Wallet’s lack of updates, stating: “Your last update was five days ago — SERIOUSLY?!?!”Although Atomic Wallet acknowledged reports of compromised wallets on June 3, downplaying the impact by claiming that less than 1% of users were affected, the staggering sum of losses indicates a significant breach. Its last communication on the matter came on June 11 when, in responding to a user, the firm said that it continued to investigate and to await Twitter updates on the matter.Hack tied to North Korea’s Lazarus GroupElliptic has connected this heist to the notorious Lazarus Group, a cyber-criminal organization with ties to the North Korean regime, responsible for stealing over $2 billion in crypto assets through various thefts. This attribution marks the first time a significant crypto heist has been openly linked to the Lazarus Group since their $100 million exploit of Horizon Bridge in June 2022.In response to the heist, Elliptic has been collaborating with international investigators and exchanges, mobilizing resources to recover the stolen assets. Their efforts have reportedly led to the freezing of over $1 million worth of funds. However, the thief has adapted its behavior in response to the freezing of assets, turning to the Russia-based Garantex exchange to launder the stolen assets, as noted by Elliptic.This recent attack adds to a series of notable breaches in the crypto industry. Jimbos Protocol experienced an exploit resulting in a loss of $7.5 million, and Tornado Cash faced a malicious proposal that seized control of its governance in May. According to a report by Chainalysis, crypto hackers made off with an estimated $3.8 billion in 2022, with North Korea being responsible for a significant portion of the attacks.

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Policy & Regulation·

Dec 27, 2023

Worldcoin withdraws verification service from Indian market

Worldcoin, the startup co-founded by OpenAI CEO Sam Altman, has encountered setbacks in its eye-scanning initiatives just six months after its international expansion. A recent report by TechCrunch indicates that the company’s signature orb eye-scanner is no longer available to users in the Indian market. According to that report, the Worldcoin Foundation clarified that its activities have also been suspended in France and Brazil. The company clarified that its offerings in those markets were only intended to be limited-time product previews as opposed to long-term roll-outs.Photo by Big G Media on UnsplashTemporary service haltIn India, the World App is experiencing widespread adoption, but the orb-verified proof of personhood services has been temporarily halted. The pause aims to allow the protocol to develop and implement a bespoke, safe and orderly process to meet the growing demand. The setback comes after Tools for Humanity, the organization behind Worldcoin, announced the expansion of World ID, its digital identity program linked to iris scans, in July. The startup had ambitious plans, intending to make 1,500 orbs available in over 35 cities globally. Recently, the company unveiled a program offering $5 million in grants to developers utilizing its eye-scanning technology. Regulatory investigationsSam Altman and his co-founders established Worldcoin in 2020 to help individuals prove their digital identity amidst the rise of AI. Over the years, Worldcoin has secured $250 million in funding from notable venture capitalists, including Andreessen Horowitz. However, the startup has faced regulatory challenges, including investigations by French and German regulators and an Argentinian government agency. Altman, himself, has navigated recent challenges. In November, the OpenAI board temporarily removed him as CEO, reinstating him two weeks later. More recently, Fortune reported that Altman quietly received $75 million from the University of Michigan for a new venture capital fund, raising questions about transparency, particularly following the launch of OpenAI’s signature product, ChatGPT. Asian tourIn recent weeks, the project development team behind Worldcoin had engaged in a tour of Asia. The objective of that mission was to gather market feedback prior to engaging in greater efforts to expand the reach of its World ID verification system within the region. To gauge market receptiveness to its product offering, the tour included meetups in major Asian cities such as Hong Kong, Seoul, Singapore and Tokyo. Up until mid-November, the Asian region accounted for 1.4 million World App sign-ups.The introduction of World ID 2.0 by the company on Dec. 13 led to a surge in the price of WLD. Over the course of the 48 hours that followed, it jumped from $2.47 to $4.23, a 71% increase. At the time of writing, the token unit price stood at $3.66. As Worldcoin navigates these challenges, the cryptocurrency industry will closely monitor developments, recognizing the broader implications for the startup’s innovative approach to digital identity verification.

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