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Korea’s Legislative Research Body Suggests Expanding Blind Trust System to Include CryptoThe National Assembly Research Service (NARS) of South Korea last Friday issued a report emphasizing the need to broaden the scope of the country’s blind trust system for public officials. Currently, this system primarily covers traditional stocks, but the report highlights the necessity of extending its coverage to include cryptocurrencies.Photo by O-seop Sim on PexelsPublic Service Ethics ActUnder the existing Public Service Ethics Act, public officials holding a rank of 4 or higher within the finance department of the Ministry of Economy and Finance and the Financial Services Commission are mandated to either divest themselves of stocks linked to their official duties and responsibilities or transfer them into a blind trust if the total value of these stocks exceeds KRW 30 million (about $23,000).Blind trustA blind trust is a mechanism through which a public official transfers their stock holdings to a trustee. Subsequently, the trustee handles these entrusted stocks by exchanging them for other assets and overseeing their management, administration, and disposition. Importantly, the original owner of the stock, who is the public official, is barred from participating in these aspects of the trust and is also kept uninformed about the trust property’s status or details.Debate over expansionThe current policy confines the blind trust framework exclusively to stocks. Nevertheless, there is an ongoing debate advocating for the inclusion of other assets, such as virtual assets and real estate, within its scope. The rationale behind this argument is that these types of assets can also potentially give rise to conflicts of interest. However, counterarguments have been raised, expressing concerns that extending the blind trust to these assets could excessively limit the property rights of public officials. Consequently, as of now, this broader application has not been implemented.Comparison with the USThe Korean blind trust system was inspired by the United States’ Ethics in Government Act of 1978, which does not limit the types of assets that can be included in a blind trust. In the US, a blind trust can encompass not only stocks but also bonds, mutual funds, virtual assets, and real estate. In light of this, the report recommends the expansion of the blind trust system to encompass virtual assets and real estate. This step is proposed to prevent conflicts of interest among public officials pertaining to a wider array of asset types.Enhancing trustee discretionMeanwhile, NARS also argued for broadening the trustee’s discretion in trust management to render the system more reasonable. This stems from the concern that the existing uniform property sale approach could lead public servants to incur losses. NARS has proposed potential solutions, such as extending the time limit for property sales or mandating the sale of only a portion of the assets, as viable options to address this issue.

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.

Global crypto exchange Binance has carried out a survey which reveals that the security habits of Asian platform users are evolving positively.Photo by Vadim Artyukhin on UnsplashUsers responding to more sophisticated scamsIn a blog post published by the crypto exchange platform on May 6, Binance revealed that it had carried out a survey of nearly 30,000 platform users across Asia. The company’s takeaway following analysis of the survey data is that “scams are evolving — and so are crypto users.” The firm suggested that users are “stepping up their security game,” with exchanges facing growing demand from their users for real-time protection and smarter security tools. Increasing use of 2FAThe exchange platform found that 80.5% of survey respondents now use Binance two-factor authentication (2FA). While the use of 2FA is definitely a move in the right direction, it doesn’t guarantee the safety of a user’s digital assets.  In an article published by Forbes last month Forbes Contributor Davey Winder warned that infostealer malware can compromise 2FA codes in as little as 10 seconds. In June of last year, an OKX user lost $2 million in crypto to a hacker who utilized AI despite the victim having used Google’s 2FA. Double-checking transfersThe survey found that 73.3% of users double-check transfers before sending digital assets. Due to the nature of decentralized cryptocurrency, crypto transactions are not easily reversed and are usually irreversible. That puts a greater responsibility on crypto users to ensure that they are sending funds to the appropriate wallet address. Double-checking transfer addresses is not only necessary due to human error. Malware is also used by hackers to spoof such addresses, tricking the sender into sending the digital assets to their address rather than the one that was originally intended. It emerged in May 2024 that a Bitcoin trader had lost more than $70 million in Bitcoin in an “address poisoning” scam. Binance itself had warned users last September that “clipper malware,” which intercepts clipboard data on a user’s phone or desktop, replacing copied wallet addresses with alternative addresses under the hacker’s control, is increasingly being employed in hacking attempts. While the survey has revealed a positive evolution in the security habits of Asian platform users, there’s still room for further improvement. Just 17.6% of survey respondents utilize address whitelisting, a measure that restricts account user access to a safe list of pre-defined trusted addresses. Only 21.5% of survey respondents use anti-phishing codes as a security mechanism. The objective of phishing is to steal data, install malware on a user’s device or otherwise gain account access. An anti-phishing code aids the user in verifying the authenticity of emails and texts from a specific service. Security remains a major issue within crypto. Last month, hackers employed social engineering tactics to steal $330 million in Bitcoin from an elderly American victim. Exchange platforms themselves continue to struggle to safeguard user funds. Earlier this year, Binance competitor, Dubai-headquartered Bybit, suffered a $1.5 billion hack believed to have been perpetrated by North Korea’s Lazarus Group. Lazarus is also thought to have been behind a $235 million crypto theft at Indian crypto exchange WazirX in July 2024.