Abu Dhabi Puts Forward Legal Framework for Decentralized Tech

Korea considers legal recognition of virtual assets as trust assets for investor protectionSouth Korea’s Ministry of Justice (MOJ) is assessing whether customers’ virtual assets on cryptocurrency exchanges should be legally recognized as trust assets. This classification would give users priority in claiming their virtual assets in case of an exchange’s bankruptcy, thus strengthening investor protection. There’s a noted concern about potential disputes in such bankruptcy situations, as users’ digital assets are typically considered to be in the custody or storage of these platforms.Photo by Daniel Bernard on UnsplashLegal study by Seoul National UniversityAccording to a Tuesday report by local news outlet ChosunBiz, citing industry and legal sources, the MOJ has initiated a legal study on this subject. The research is being conducted by the Seoul National University R&DB Foundation, which started the project earlier this month.Through this study, the MOJ is expected to examine the legal classification of cryptocurrency as property. This review is significant because, for cryptocurrencies to be held in a trust, they must be legally recognized as property. Meanwhile, the upcoming Virtual Asset User Protection Act, set to come into effect next July, mandates that only cash deposits made by users be segregated from the assets of the exchange itself.In Korea, under the current provisions of the Capital Markets Act, virtual assets are not recognized as being held in a trust. Instead, staked cryptocurrencies are seen as being under custodial management or storage. In such arrangements, only a debtor-creditor relationship concerning virtual assets is acknowledged, differing from the legal framework of a trust.Prioritization of rightsIf a cryptocurrency exchange becomes insolvent and enters liquidation, the current legal framework could end up prioritizing the rights of the exchange’s creditors or shareholders over those of the crypto investors. This situation has faced criticism for its inadequate protection of investors. However, if the crypto assets were considered to be held in trusts, it would enable users to acquire “rights to foreclose outside bankruptcy.” This means users would have the right to receive priority reimbursement for their crypto assets, offering them a higher level of protection in the event of an exchange’s bankruptcy.Regarding this development, an official from the MOJ said that while the study is a fundamental legal review focused on exploring ways to protect users through the application of trusts for various cryptocurrency transactions, including those involving decentralized finance (DeFi), it is too early to provide specific details at this stage.

Korean Supreme Court acquits Dunamu Chairman Song Chi-hyungThe Supreme Court of South Korea, in a significant ruling on Thursday (local time), acquitted Song Chi-hyung, chairman and principal stakeholder of Dunamu, of fraud and forgery charges, according to a report by local news agency Yonhap. This ruling is particularly noteworthy because Dunamu is the operator of the nation’s largest cryptocurrency exchange, Upbit.This decision, led by Justice Oh Kyung-mi, marks the culmination of a legal battle that began with Song’s indictment in Dec. 2018, and it extends to the acquittal of the company’s Chief Financial Officer (CFO) and the head of the Data Value Team, who were jointly indicted.Photo by Tingey Injury Law Firm on UnsplashBackground of the caseSong Chi-hyung and his colleagues were alleged to have fabricated an account on Upbit between September and November 2017. They had been accused of feigning the deposit of assets valued at KRW 122.1 billion and then employing these fictitious funds to enable transactions among actual members.The prosecution also leveled fraud charges against them, claiming that the fabricated account was utilized to sell 11,550 bitcoins to 26,000 members, thereby generating KRW 149.1 billion.The Seoul Southern District Court, acting as the court of first instance, found them not guilty. The court reasoned that the evidence presented by the prosecution was insufficient to establish that the defendants actually deposited the assets in the account.Issues with the prosecution’s evidence gatheringThe Seoul High Court, serving as the appellate court, identified problems with the evidence provided by the prosecution, determining that part of it lacked credibility due to improper collection methods. Notably, the court observed that the prosecution had directed Dunamu employees to access their Amazon cloud server to download the account’s transaction history. However, since this remote server was not included in the search and seizure warrant, the court highlighted the illegitimacy of the evidence.The appellate court also pointed out another issue with the evidence: documents stored on the CFO’s USB drive. The prosecution did not follow the legitimate search process, which requires them to extract only data related to the allegations. Moreover, the prosecutors did not present a warrant when confiscating the laptop of the Data Value Team’s lead, further undermining the credibility of their evidence.The court further stated that even if the remaining evidence provided by the prosecution was considered viable, it was still insufficient to substantiate the prosecution’s accusations.The prosecution, disagreeing with the decision of the appeals court, had escalated the case to the Supreme Court. However, the highest court in the nation sided with the ruling of the appeals court, effectively upholding the decision made at the appellate level.

CoinEx Reveals Insights Into Recent Platform HackHong Kong crypto exchange CoinEx has issued a further update relative to the security breach that occurred on the platform last week resulting in one of the exchange’s hot wallets being compromised.Photo by FLY:D on UnsplashImmediate responseIn the immediate aftermath of the $70 million hack, CoinEx took action to safeguard user assets and initiate an investigation into the incident. It suspended all deposit and withdrawal services and executed an emergency shutdown of the hot wallet server. Following this, the company securely moved the remaining assets to cold storage, commencing the process of reconstructing and deploying a new wallet architecture.The firm also engaged in an investigation, spearheaded by its wallet and security teams, to ascertain the extent of the breach. Moreover, CoinEx claims to have proactively reached out to fellow exchanges to freeze any assets related to the attack.Haipo Yang, the Founder and CEO of CoinEx, conveyed his apologies to affected users through his personal X (formerly Twitter) account. He emphasized the team’s commitment to restoring services promptly and reassured users that their funds will remain secure.Following up on that commitment, CoinEx published an update on the hot wallet hack on September 15 to address these concerns individually.New wallet deploymentThe exchange expects to finalize wallet upgrades within the upcoming week, after which withdrawals will gradually be phased in, subject to security evaluations. The CoinEx team is currently working on developing and deploying an entirely new and robust wallet system capable of managing activities across 211 chains and 737 assets.The firm has outlined that each of its product lines operates independently, featuring its own risk control system. Consequently, the security incident that occurred on CoinEx will not affect the integrity of its other product lines.In its most recent update on Tuesday, the Hong Kong crypto exchange confirmed that 80% of its wallet system has now been reconstructed. It added that it has initiated preparations to enable the withdrawal system on the platform. It stated:”Details about the resumption of withdrawals, including specific dates, times, and arrangements, will be announced on the CoinEx website. Please stay updated on our announcements for the latest information.”Ongoing investigationRegarding the identity of the attacker, CoinEx has confirmed that the matter is currently under investigation. While some security firms have made attribution claims, the company is focusing primarily on deploying the new wallet architecture, restoring affected users and functionalities, and enhancing overall security.At the same time, the company has initiated communications with the hackers in a bid to proactively seek a mutually agreeable resolution. While the incident implicates the loss of a substantial amount of funds, the firm maintains that in the context of the overall business, the sum represents only a small percentage of total assets under its management.Exchange security remains a major challenge in the crypto sector, with hacks happening on an ongoing basis. Last week, Seychelles-headquartered peer-to-peer crypto platform Remitano acknowledged a $2.7 million hack. At the beginning of September, crypto gambling platform Stake was reported to have suffered a $41 million hack.