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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.

Thailand’s Securities and Exchange Commission (SEC), an independent state agency responsible for the supervision of capital markets including the digital assets sector within the Southeast Asian nation, has moved to block five cryptocurrency exchange platforms. In a statement published by the agency to its website on Thursday, May 29, the SEC outlined that it deems the five exchanges, namely OKX, Bybit, CoinEx, XT.com and 1000X.Live, to be unauthorized crypto trading platforms.Photo by REY MELVIN CARAAN on UnsplashCountering money laundering activityIt is acting against these platforms “to protect investors” and to prevent their use for money laundering purposes. In offering services to Thai users on an unauthorized basis, the exchanges were found to be in breach of Thailand’s Digital Asset Business Act B.E. 2561 (2018). The agency has asked the Ministry of Digital Economy and Society (MDES) to take measures to block local access to these online platforms. That block will be put in place on June 28. On that basis, the SEC has advised Thai users of such platforms to proceed to remove their assets from them before that June 28 deadline.  An updated version of the Royal Decree on Measures to Prevent and Suppress Technology-related Crime, (No. 2) B.E. 2568 (2025), was introduced by the Thai government in April. It facilitated the establishment of the Committee for the Prevention and Suppression of Technological Crime.  Following practices overseasThe committee met with the MDES in April, with the parties setting out the process through which unauthorized digital asset platforms would be restricted and blocked. On that occasion, similar practices carried out in other jurisdictions within the Asian region were referred to.  In December 2023 India’s Financial Intelligence Unit (FIU) moved to block nine offshore crypto exchanges, having issued them with compliance show-cause notices.  In April 2024 the Philippines SEC requested that Google and Apple remove apps associated with global exchange Binance from the local versions of their application stores. Japan’s Financial Services Agency (FSA) similarly ordered both companies to remove apps belonging to unregistered crypto exchanges in February of this year. Back in March, the Thai SEC filed a lawsuit against Aux Cayes FinTech Co. Ltd., an OKX affiliate company. The complaint alleged that OKX had been running an unlicensed exchange in Thailand, and was filed with the Economic Crime Suppression Division of the Thai police force. The SEC outlined on March 21 that a similar criminal complaint had been filed against XT.com. It’s understood that Bybit, CoinEx and 1000X.Live have also been recipients of complaints on the same basis. Earlier this year, the Economic Crime Suppression Division considered taking action against Polymarket, a crypto-based prediction market, on the basis that the platform violated Thailand’s gambling laws, and in doing so, posing a risk to economic and social stability in Thailand. In April 2024, the SEC issued a warning to crypto exchange platforms against the use of misleading advertising, drawing their attention to the fact that advertising of that nature would potentially place those platforms in breach of regulatory guidelines. 

South Korea is taking new steps to bring cryptocurrencies more firmly into its legal, financial, and payment systems, with recent developments pointing to both wider institutional adoption and continued regulatory caution.Photo by Traxer on UnsplashCrypto status comes under reviewA research institute affiliated with South Korea’s judiciary has recommended amending the Civil Act to give cryptocurrencies clearer status as property. Digital Asset reported that the Judicial Policy Research Institute made the proposal in a February paper, arguing that the law should reflect how digital assets are already controlled, traded, and contested in legal disputes, even though the current Civil Act is built around physical objects. The institute said the lack of clear property status can create uncertainty in cases involving custody, hacking, bankruptcy, and asset recovery. It also called for a legal concept of “control” over digital assets, similar to possession in the physical world. The recommendation does not change the law on its own, but it strengthens the case for crypto legislation that deals not only with market oversight and investor protection, but also with ownership and legal remedies. Crypto holdings are also set to be included in government debt-relief screening. According to Yonhap News, the Financial Services Commission said a revised Credit Information Use and Protection Act passed the National Assembly, allowing government-backed debt relief agencies to review applicants’ deposits, securities, cryptocurrencies, income, and property records when assessing repayment capacity. The measure is intended to reduce the risk of applicants hiding assets while seeking public support and to improve fairness in debt-relief programs. Payment pilots meet regulatory limitsIn payments, fintech platform Toss has signed an agreement with KOMSCO, South Korea’s state-run mint and identity-document agency, to develop blockchain-based payment infrastructure, according to Yonhap Infomax. The partnership will initially focus on linking Toss’s payment network with public-sector payment infrastructure, before exploring tokenized payment tools such as deposit tokens and stablecoins. The deal pairs one of Korea’s largest consumer fintech platforms with a public agency that already runs municipal voucher programs and digital gift certificates. Regulators, however, remain cautious about token projects launched before a broader legal framework is in place. Aju Business Daily reported that the Korea Insurance Institute has not yet received approval from the Financial Services Commission for proposed changes that would allow it to issue a token tied to its training programs and establish or invest in an AI subsidiary. The institute says the plans are still under regulatory review, but the delay reflects concerns over whether token issuance fits its role as a training body for insurance professionals.