Top

Korean Financial Watchdog to Penalize Bankers Involved in Illegal Foreign Remittances

Policy & Regulation·April 10, 2023, 3:18 AM

The Korean Financial Supervisory Service (FSS) recently completed an investigation into illegal foreign remittances of approximately 16 trillion KRW (~$12,137,718,400) that involved numerous bankers.

©Unsplash/Paul Fiedler

 

Exploiting the kimchi premium

The investigation, launched by the Korean financial watchdog last June, found that these lawbreakers sent funds to China, Hong Kong, and other overseas destinations through Korean crypto exchanges, trading firms, and bank branches with an aim of making money through arbitrage by taking the advantage of the kimchi premium, a term used to describe that the higher prices of crypto assets in Korean exchanges compared to their foreign counterparts.

 

Bankers neglecting the KYC rule

Some of these bankers participated in the crime by raising the remittance cap and applying favorable exchange rates to trading companies that had no previous transaction records with banks. By law, bankers in Korea are obligated to follow the “know your customer” rule. It was found that 12 domestic banks and one futures firm were involved in this incident.

The FSS has decided to impose strict penalties on these financial institutions, considering they were exploited for money laundering purposes. These entities are likely to have some of their services suspended, with the employees involved being fired.

 

Accountability of top bankers

One key point to watch out for is whether the FSS would be able to hold executives accountable. Some say penalizing top bankers is not easy, given that it has to be proven that the employees’ criminal activities were due to a lack of executives’ internal control.

The financial regulator recently announced plans to revise the law governing banks’ governance, but it is expected that such a bill would take some time to pass through the National Assembly.

Through a revision of the law, the financial authority aims to hold top executives at financial institutions more responsible for serious financial accidents. It looks forward to bestowing top bankers with the obligation of comprehensive internal control management and making them accountable as an overall manager only in case of critical financial accidents. The term “top executives” in the bill will encompass not only bank presidents but also chairpersons of financial holding companies. More specific revision plans are expected to be revealed by the end of this month.

More to Read
View All
Policy & Regulation·

Mar 05, 2024

Korean crypto exchanges to face new crypto accounting standards

As the Virtual Asset User Protection Act is set to take effect in July, South Korean virtual asset services providers (VASPs) are preparing themselves for new crypto accounting standards. This development is pushing crypto businesses to take consultation services from accounting firms, local media outlet Yonhap Infomax today reported.  Pronounced last year, the new crypto accounting guideline is scheduled to be applied to VASPs starting this July. Rather than providing clear and explicit standards, the guideline requires crypto businesses to interpret it on their own based on “reasonable grounds.” One accountant in the crypto industry said that individual crypto exchanges are wrapping their heads around the new crypto accounting standards, pondering over numerous issues such as whether to manage customer assets in a single record-keeping system. Photo by Volkan Olmez on UnsplashThe most significant concern among VASPs is that the new standard will highly likely recognize crypto assets entrusted by customers as either assets or liabilities. So far, local crypto exchanges haven’t recognized custodial tokens as assets; instead, they have been including these tokens in the footnotes. Only the money users deposited in Korean won has been acknowledged as “customer deposit liabilities.” Dunamu, the operator of crypto exchange Upbit, stated in the footnotes of its previous quarterly report that virtual assets entrusted by customers do not meet the accounting definition of an asset, leading the exchange to exclude its users’ custodial tokens from the asset category.  Varying interpretation of ‘control over custodial assets’ A lot is at stake depending on how individual crypto exchanges interpret the new guideline. If crypto exchanges are deemed to have control over custodial assets, they must meticulously document the details of the assets in custody on their financial statements, including the total amount of custodial assets and how they are managed under what policies.  These details would serve as decisive factors in determining who bears the liabilities in the event of future incidents.  Crypto businesses’ accounting dilemmaThe Korean financial regulators have explained that the new guideline is not the ultimate golden rule, implying that there could be a leeway for crypto businesses if they have reasonable grounds for not following the new accounting standard. However, regulators said they will conduct thorough examinations on the financial statements following their publishment, to ensure that custodial assets are not left out in the documents. This is where VASPs face a difficult choice between two different options; they can either classify custodial tokens as something other than an asset and undergo thorough examinations, or they can recognize them as an asset and risk being included in the “mutual investment-restricted group.” This is a group consisting of large local firms with over nearly KRW 10 trillion ($7.5 billion) in total assets. The companies listed in the group are subject to strict government regulations.  Previous recognition of Dunamu as ‘big firm’ raises concerns among VASPsThe local regulatory authority previously classified Dunamu as part of the mutual investment-restricted group in 2022.  At the time, Korean won deposits made by Upbit users, categorized under the customer deposit liabilities, were recognized as part of its assets by the Korea Fair Trade Commission (KFTC). The KFTC determined that Dunamu had controlling power over the customers’ deposits. This judgment by the KFTC led the company to fall under the mutual investment-restricted group. Once the new accounting standard takes effect in July, the likelihood is that the exchange’s custodial tokens, currently valued at KRW 20.2 trillion, will also be recognized as assets. Meanwhile, another prominent crypto exchange Bithumb is reported to have KRW 4.5 trillion in total assets.   Another accountant in the crypto industry expressed concerns, saying that VASPs will have to deal with more regulations if incorporated into the mutual investment-restricted group. The person added that recognizing custodial tokens as assets could further heighten the management risks for crypto businesses. 

news
Web3 & Enterprise·

May 09, 2023

Artifact Labs Raises $3.25M

Artifact Labs Raises $3.25MArtifact Labs, a Hong Kong-based start-up company that concerns itself with Web3 and metaverse products from leading brands, has raised $3.25 million in a recent funding round.Photo by Pixabay on PexelsThe NFT-focused company, which was spun out of Hong Kong’s South China Morning Post (SCMP) in 2022, has received funding from Blue Pool Capital and Animoca Ventures, with Blue Pool leading the funding round. Blue Pool Capital is the investment vehicle of Alibaba founders Jack Ma and Joe Tsai.The company was borne out of a decision taken by the SCMP in 2021 to launch an NFT standard called artifact, which was geared toward recording historical data. Its starting point in that endeavor was the sale of NFTs of its very own historical front pages. That included iconic historical snapshots such as the return of Hong Kong to the Chinese in 1997, the outbreak of avian flu, the onset of the Asian financial crisis and the death of the UK's Princess Diana in 1997.Expansion of operationsArtifact Labs has said that it intends to use the funding to expand company operations. Executing on that, the firm intends to fill multiple developer positions.Phillip Pon, CEO of Artifact Labs commented on the development via a press release:“It’s not about creating new IPs for speculation — for example NFT hype projects — it’s about driving new engagement with historically significant collections by using Web3. We want to carve new space in the younger public’s consciousness for historical brands and artifacts, while supporting these important organizations with new revenue streams to fund their preservation work, we are also solidifying immutable on-chain data preservation through NFTs.”It appears that the firm will release NFT collections on behalf of preservation organizations, while at the same time developing technology to assist institutions in preserving their archives on the blockchain.NFTs with inherent valueLast year, Artifact Labs Founder and former CEO of the SCMP, Gary Liu, said in an interview that NFTs need to contain a certain inherent value beyond just being endorsed by a number of people. Liu stated: “There has to be intrinsic value in the asset itself or the underlying asset that it represents. That’s what is going to drive NFT innovation.”That philosophy is borne out by one of Artifact’s recent collaborations. In February, the firm partnered with RMS Titanic, Inc, a company that’s dedicated to preserving the legacy of the infamous sunken ship. Central to the partnership was an intention to mint NFTs based upon over 5,500 artifacts that have been recovered from the sunken wreckage.In January Artifact Labs partnered with Dubai-based data intelligence and marketing technology firm, MEmob+. The objective of the firms in teaming up is to have the complete range of expertise necessary between them in order to offer brands and companies a strategic advisory service when it comes to delving into the metaverse. Artifact’s art platform Materia, will be harnessed by MEmob+ to assist brands who want to develop art projects in the metaverse.

news
Policy & Regulation·

Sep 09, 2025

South Korea to mandate disclosure of crypto funds in home purchases

South Korean authorities will require homebuyers to disclose funds originating from cryptocurrency sales, a move aimed at increasing transparency in the nation's tight real estate market. The new rule is part of a wider government effort to address housing affordability, which is particularly pronounced in Seoul, and to integrate digital assets into its regulatory framework. The change, announced on Sept. 7 as part of new housing supply measures, will alter the mandatory funding plan submitted during property transactions. Proceeds from digital assets will be listed as a distinct category, similar to funds from stocks or bonds. Officials are also expanding loan disclosure requirements to include business loans and overseas borrowing, closing potential financing loopholes.Photo by Traxer on UnsplashImpact of asset volatility on property valuesThe policy follows growing evidence that volatility in assets like cryptocurrency can spill over into the property market. A 2024 study cited by Maeil Business Newspaper highlighted that both the COVID-era stock rally and Bitcoin's 2023 price surge had a discernible impact on housing values. According to Yu Jung-suk, a professor at Dankook University, apartments in Seoul's affluent Gangnam district are particularly sensitive to fluctuations in Bitcoin and the KOSDAQ index. He noted that high-profile property acquisitions by young crypto investors, even if few in number, can significantly sway market sentiment. Professor Yu suggested that regulators may need more comprehensive tools to manage the risks connecting different asset classes. The government's new measures also seek to cool the capital's housing market, where prices have continued to rise despite a slowdown in growth. In contrast, prices in areas outside Seoul have been declining since 2022. To address the supply-demand imbalance, officials plan to begin construction of 1.35 million new homes in the Seoul metropolitan area between 2026 and 2030. Stablecoin regulation and CBDC trials advanceBeyond real estate, officials are developing a formal regulatory structure for stablecoins. The Presidential Commission on Policy Planning is reportedly considering a model where a consortium of banks and fintech firms would be granted rights to issue a won-pegged stablecoin. Supervision for this new system would fall to a proposed Financial Stability Council, a body intended to serve as a central coordinator for financial policy, comprising the finance ministry, the Bank of Korea, and other regulators. The initiative aims to combine the stability of the traditional banking sector with the innovation of non-bank financial companies. The evolving regulatory environment is attracting attention from global industry leaders. Executives from Tether, the issuer of the USDT stablecoin, met with Shinhan Financial Group CEO Jin Ok-dong in Seoul on Sept. 8. While Tether representatives stated they were monitoring the regulatory climate, they confirmed no specific business plans were discussed. Separately, the Bank of Korea is moving forward with digital currency experiments. In partnership with government agencies and six major commercial banks, the central bank will launch a pilot program to test the use of a digital currency for distributing state subsidies and vouchers. 

news
Loading