Korea Makes Strides in Establishing the Legal Framework for Security Tokens

Asia has taken the lead, surpassing North America, in terms of being a crypto developer hub according to a recent report. Electric Capital, a venture capital firm based in Silicon Valley in the United States, recently compiled a report centered upon global crypto developer data. Its analysis of the data has led to some interesting findings. Photo by Shubham Dhage on UnsplashNorth America loses its leadElectric Capital General Partner Maria Shen took to the X social media platform on Oct. 30 to provide further details on some key takeaways. In the first instance, Shen points out that North America has lost its lead in terms of crypto developer share, with Asia emerging as the leading region in this respect. Shen stated that “for the first time, Asia is the #1 continent for crypto talent.” Underpinning that claim, she provided data that identifies a drop in North America’s share of crypto developers from 44% in 2015 to 24% in 2024. Within the same timeframe, Asia’s share of crypto developer talent has increased from 13% to 32%. Teasing the data out further, the United States still remains the number one country for crypto devs on a country-by-country basis. It leads this particular metric with 18.8% of the developer talent pool, followed by India with 11.8% and the United Kingdom with 4.2%. A consequence of U.S. regulatory uncertaintyRegulatory uncertainty in the United States has been identified as a contributing factor by some crypto community commentators. The Securities and Exchange Commission (SEC) in the U.S. has engaged in regulation by enforcement rather than establishing a bespoke regulatory framework for crypto.  This approach has led to SEC Commissioner Mark Uyeda calling crypto regulation in the U.S. “a disaster” earlier this month. Others, like Nic Carter, a partner at Castle Island Ventures, have gone further, describing the approach of the Biden Administration to crypto as “Operation Choke Point 2.0,” suggesting that there is an active plan being implemented to suppress the industry. This negative approach has led many U.S.-headquartered crypto firms to pursue growth opportunities overseas, particularly within centers in Asia and the Middle East such as Dubai, Abu Dhabi, Hong Kong and Singapore. All of these centers have taken the opposite approach, deliberately working towards putting purpose-made regulatory frameworks in place over the course of the past two years, in order to get crypto innovation started on the right footing. Shen underscored the issue from a U.S. perspective, by pointing out that 81% of crypto devs, who are actively playing their part in shaping the future of digital money, live outside the U.S. She highlighted the significance of this, stating: “This is a national security issue & innovation drain for the US.” In a subsequent post, she questioned whether this had come about due to a negative regulatory environment, adding that “the US needs clear crypto policy to maintain its country lead.” 

The governor of South Korea's Financial Supervisory Service (FSS) met with the United States Securities and Exchange Commission (SEC) Chair Gary Gensler, according to Korean media outlet Newsis. The meeting took place during FSS Governor Lee Bok-hyun's business trip to the U.S. The meeting with the SEC chair was pre-arranged earlier this year, as previously reported by crypto media CoinNess.  Governor Lee reportedly had high-ranking meetings with officials from the SEC and Commodity Futures Trading Commission (CFTC) between May 14 and May 16. Photo by Daniel Bernard on UnsplashDuring his meeting with the SEC chair, Governor Lee discussed various financial and cryptocurrency regulatory issues including the recent approval of spot Bitcoin ETFs, and reaffirmed the need for close cooperation between two countries in such oversight efforts. In particular, the two regulators came to an agreement to reinforce cooperation in investigation into unfair trading practices associated with securities and virtual assets. He also met with CFTC Chairman Rostin Behnam to share the recent trends regarding virtual asset legislation in the U.S. and agreed to strengthen information sharing between the two countries. The details of the meeting agendas remain confidential, as mutually agreed upon by the two supervisory organizations.   International financial regulatory cooperation Governor Lee’s latest meetings with U.S. financial regulators followed his attendance at the meeting for the Group of Central Bank Governors and Heads of Supervision (GHOS) held in Basel, Switzerland, on May 13. The GHOS is the oversight body of the Basel Committee on Banking Supervision (BCBS).  During the GHOS meeting, participants reached a consensus on the urgency of swiftly implementing Basel III, a set of bank regulation standards. Two-thirds of member countries are set to partially or completely adopt Basel III by the end of this year.  Furthermore, the member countries agreed to postpone the implementation of the Prudential Treatment of Banks' Exposures to Cryptoassets to Jan.1, 2026, considering the regulatory framework is currently under amendment.  

Korea to Tighten Scrutiny of Crypto Exchange Shareholders Amid Rising ConcernsSouth Korea’s financial regulator is stepping up efforts to evaluate the qualifications of majority shareholders of cryptocurrency exchanges, according to a report by local news outlet Newsis. This initiative follows instances where majority shareholders of local exchanges, including Bithumb, found themselves embroiled in criminal proceedings. Drawing parallels with the banking sector, the regulator is scrutinizing the credentials of majority shareholders to ensure compliance and integrity within the cryptocurrency exchange landscape.Photo by Terrence Low on UnsplashRevamping reporting requirementsThe Financial Intelligence Unit (FIU) under the Financial Services Commission recently set up a task force to revamp the reporting requirements for crypto exchanges.The upcoming requirements are anticipated to be integrated into the reporting forms that cryptocurrency exchanges must complete, starting in October of next year. Essentially, these stipulations will determine whether existing exchanges, such as Upbit, Bithumb, and Coinone, can sustain their operations in the future.Periodic evaluationAccording to the Enforcement Decree of the Financial Transaction Reports Act, all virtual asset service providers (VASPs), including exchanges, are mandated to submit a renewal report every three years. Upbit, having been the first to submit its initial report in October 2021, will join other crypto exchanges in updating their reports in October 2024.A majority shareholder qualification assessment is a process in which the government periodically checks whether majority shareholders have the necessary qualifications to operate a financial company. Through this process, the FIU aims to curb potential illicit activities by majority shareholders, who hold significant sway over cryptocurrency exchange operations, thereby mitigating any potential harm to the users.Regulatory grey areaThis measure emerged from concerns that majority shareholders of exchanges have existed in a regulatory grey area. In fact, under the Financial Transaction Reports Act, only exchange representatives and registered officers are required to report and undergo examination when declaring VASPs. This leaves the actual owners and controllers — the majority shareholders — unidentified and unexamined.The current circumstances involving VASPs are markedly different and more concerning compared to other financial sectors. In the banking sector, restrictions are placed on share ownership and voting rights if majority shareholders have breached financial laws or if they are capital entities forbidden from owning a bank. Similarly, online peer-to-peer lenders and large lenders are also under obligation to have their majority shareholders scrutinized, as they fall under analogous regulations.Fraud and manipulation allegationsThe heightened scrutiny is also thought to have been sparked by recent allegations of fraud and market manipulation involving some majority shareholders of Korean exchanges. For instance, Mr. Kang Jong-hyun, a majority shareholder of Bithumb, is currently facing a criminal trial for allegations of fraudulent and unfair trade activities under the Capital Markets Act. Additionally, Song Chi-hyung, the majority shareholder of Upbit and chairman of Dunamu, is facing a Supreme Court trial over alleged price manipulation through wash trading.Moves to amend legislationMeanwhile, efforts are underway in the National Assembly to amend the existing legislation. Yun Chang-hyun, a lawmaker from the ruling People Power Party and a member of the National Policy Committee, has recently proposed a bill to revise the Financial Transaction Reports Act. The amendment seeks to implement a majority shareholder screening system for VASPs.The proposed amendments would obligate VASPs, including crypto exchanges, to disclose information about their majority shareholders in their reports, thereby enabling the FIU to scrutinize any past financial crimes or economic offenses committed by these majority shareholders.