Top

Korea’s Virtual Asset User Protection Act to Take Effect in July Next Year

Policy & Regulation·July 06, 2023, 3:24 AM

The Virtual Asset User Protection Bill was passed during the South Korean National Assembly’s plenary session last Friday, according to a report by news agency Newsis. The legislation aims to safeguard customer assets, establish regulations against unfair trading practices, and enforce penalties. The act is scheduled to take effect one year after its passage.

Photo by KS KYUNG on Unsplash

 

Definition of virtual assets

Under the act, a virtual asset is defined as a digital representation of economic value that can be digitally traded or transferred. It’s important to note that central bank digital currencies (CBDCs) are not considered virtual assets. Virtual assets with characteristics of securities will initially fall under the jurisdiction of the Capital Market Act.

 

Roles of Korea’s central bank

The act grants the Bank of Korea (BOK) the authority to request data and information from virtual asset service providers (VASPs). This provision is deemed necessary for the Korean central bank to formulate monetary and financial policies, despite virtual assets not being equivalent to traditional currencies.

 

Responsibilities of VASPs

Moreover, VASPs are obligated to segregate users’ virtual assets from their own holdings. VASPs are also required to reserve the same type and quantity of virtual assets entrusted by users and maintain a certain proportion of these assets in a cold wallet, which is an offline storage solution.

Unfair trading practices will be regulated in a similar manner as outlined in the Capital Market Act. The act specifically prohibits the use of undisclosed information, price manipulation, fraudulent transactions, and trading of self-issued virtual assets. VASPs are barred from suspending deposits and withdrawals without legitimate reasons. They are also mandated to monitor suspicious transactions and take appropriate measures to safeguard users. Any suspected unfair trading practices must be promptly reported to financial authorities. Violators of these rules may face criminal penalties, liability for damages, and potential class action lawsuits.

 

Powers of financial authorities

The act also clarifies the powers of financial authorities in supervising, inspecting, and taking action against virtual asset operators. Unfair trade practices can result in imprisonment for more than one year (up to 10 years for violations related to self-issued virtual assets) or fines ranging from three to five times the illicit gains. Assets acquired through unfair trade practices will be confiscated, or an equivalent value will be charged if confiscation is not feasible.

 

Impact on crypto investigations

The absence of legislation directly addressing unfair trading practices in the virtual asset market has posed challenges for prosecutors. They had to rely on existing statutes related to fraud, the capital market, and financial investments. Once the new act takes effect, prosecutors will no longer need to determine whether a virtual asset qualifies as a security or not.

Regarding this development, a prosecutor told local legal news outlet Law Times that the implementation of the new act will escalate prosecutorial investigations into cryptocurrency incidents.

Meanwhile, the individuals behind the crash of Terraform Labs’ stablecoin TerraUSD and its sister coin Luna will not be subject to this act due to the legal principle of nulla poena sine lege, which prevents the retrospective enforcement of criminal laws. Do Kwon, co-founder of Terraform Labs, was recently sentenced to four months in prison by a Montenegrin court for passport forgery after being arrested in March. The other co-founder, Daniel Shin, has been indicted by prosecutors in Korea.

More to Read
View All
Policy & Regulation·

Jun 13, 2023

China Launches Digital Yuan ATMs in Hainan Resort City of Sanya

China Launches Digital Yuan ATMs in Hainan Resort City of SanyaThe latest in a long list of initiatives to bring about further use of China’s digital yuan has seen the introduction of e-CNY ATM machines within the resort city of Sanya on Hainan Island. That’s according to a recent report published by the South China Morning Post (SCMP).Photo by Monstera on PexelsInternational currency exchangeThe introduction of e-CNY foreign exchange machines aims to provide visitors with easy access to digital payments and enhance their experience in the local mobile payments ecosystem. Resembling traditional ATMs, these machines allow tourists to deposit 20 different currencies, including US dollars and euros, and receive a physical card loaded with e-CNY in return.The card can be used for seamless payments at participating merchants with a simple tap. Travelers can also use the machines to top up their e-CNY balance, check transaction records, and manage their funds.This initiative addresses the needs of tourists who often face challenges setting up Chinese mobile wallets, which have become essential for retail, dining, transportation, and shopping. These mobile wallets typically require real-name verification and a local bank account, posing difficulties for foreign visitors.While limited prepaid options have been available in recent years, the e-CNY card now offers a convenient digital payment solution without the need to download a separate app. The machines are currently available in two cities, with the Bank of China (BOC), one of 11 authorized banks for e-CNY, leading the development of these innovative devices.Earlier this year, BOC launched a similar foreign exchange machine at Yiwu International Trade City in Zhejiang province, emphasizing China’s efforts to promote digital currency and facilitate financial accessibility. Both Zhejiang and Hainan have been striving to become attractive destinations for foreign tourists and merchants. In May, administrators within the local government in Jiangsu Province confirmed that they would be launching an initiative to promote use of the digital currency within the local education system.The introduction of these machines aligns with Beijing’s mission to develop and promote its sovereign digital currency, known as the Digital Currency Electronic Payment (DCEP). The project, which began trials in 2019, aimed to enhance financial inclusion and digital finance accessibility for unbanked individuals.Digital yuan internationalizationChina has been actively pursuing the internationalization of the digital yuan, seeking to facilitate yuan-denominated trade and investment, while reducing reliance on the existing global financial system. In May, the BOC entered into a partnership with French financial services firm BNP Paribas that will see the company promote e-CNY to its corporate clients.China’s efforts to promote cross-border use of e-CNY extend to regions like Hong Kong, a key offshore yuan center. A trial of the e-CNY for cross-border payments took place last year, facilitating more than 150 million yuan ($22 million) of cross-border e-CNY transfers in 160 payments, involving 20 commercial banks in Hong Kong, Thailand, and the United Arab Emirates (UAE).As China continues to make inroads where adoption and use of the e-CNY are concerned, these developments signal a significant shift in the way we can expect sovereign currencies to be made available globally.

news
Web3 & Enterprise·

Feb 21, 2025

Shares in Moon Inc. surge following 1 BTC purchase

Shares in Moon Inc. (formerly HK Asia Holdings Limited), a publicly listed Hong Kong-based firm that acts as an investment holding company while engaged in activities such as wholesale and retail sales of prepaid products such as SIM cards, have surged following the company’s symbolic purchase of one Bitcoin (BTC).Photo by Thought Catalog on Unsplash93% share price increaseThe stock (1723.HK), which is listed on the Hong Kong Stock Exchange (HKEX), closed at HKD 5.50 following Monday’s trading. That represents a 93% increase compared to the closing share price following the previous day’s trading. The share price has settled somewhat following Tuesday’s trading, pulling back 16% to HKD 4.60. However, it jumped again on Feb. 21, closing at HKD 6.48. Bitcoin adoptionIt’s believed that the stock has been influenced by a decision taken by the company to adopt Bitcoin. The firm bought just one Bitcoin. However, the move has led to speculation as to whether Moon Inc. will become the MicroStrategy (now rebranded as “Strategy”) of China.  Michael Saylor’s Strategy has pioneered the use of Bitcoin as a corporate treasury asset. The company has positioned itself as the frontrunner in terms of the corporate adoption of Bitcoin. The company has amassed 471,000 Bitcoin within its reserves. This accounts for 2% of all Bitcoin. With Strategy’s Bitcoin playbook having been well documented, other companies now appear to be following its lead.  In recent weeks, Metaplanet, a Japanese Bitcoin treasury company, has demonstrated that it is pursuing the same strategy, outlining its ambition to build a reserve of 21,000 Bitcoin by 2026. On Feb. 18, it announced a 10-to-1 stock split in an effort to improve liquidity while executing on that overall Bitcoin treasury goal. Metaplanet shares have surged 3,900% over the course of the past 12 months on the back of its Bitcoin treasury pivot. On Feb. 16, Moon Inc. announced the purchase of its first Bitcoin at a unit price of $96,150. In a statement, the company said that the purchase was financed by way of the firm’s “internal resources.” An evolving global financial landscapeThe company’s board noted the increasing popularity of cryptocurrencies in the commercial world, with particular emphasis on the use of Bitcoin as an investment portfolio asset. It believes that Bitcoin acts as a dependable store of value. It added: “The Board believes that this initial investment is symbolic in scale, and marks a significant step toward aligning with the evolving global financial landscape, and would diversify the Group’s investment portfolio and enhance its asset value.” The company’s stock rose significantly last month when details emerged of a 70% stock position in the firm, taken by UTXO Management, in collaboration with Sora Ventures and other investors. Recently appointed board member John Riggins of BTC Inc. said that this recent Bitcoin purchase by Moon Inc. “is more than a transaction.” He stated, “It’s a bold step toward creating a vision for the future of the company.”

news
Web3 & Enterprise·

Sep 25, 2023

Korea Investment and Securities Completes the Construction of Security Token Infrastructure

Korea Investment and Securities Completes the Construction of Security Token InfrastructureKorea Investment and Securities (KIS) recently announced that it has become the first securities firm in South Korea to successfully establish an infrastructure for security token offerings.Photo by Joshua Sortino on UnsplashReal-world assetsSecurity tokens are a new class of securities that are based on distributed ledger technology, allowing individuals to invest in real-world assets (RWAs) that can be tokenized. Such assets include real estate, ships, airplanes, and artworks.In March, KIS initiated a security token consortium named “Korea Investment ST Friends,” collaborating with Internet-only banks KakaoBank and Toss Bank, AI company Kakao Enterprise, and blockchain developer Open Asset. Since May, the consortium has been diligently working with the principal objective of constructing an infrastructure leveraging distributed ledgers. Consequently, the group has finalized the development and testing of a system that manages the entire trajectory of security token projects, from issuance to liquidation.Cloud systemSpecifically, KIS has built its infrastructure on a cloud network, bearing in mind that the regulatory framework for security tokens is still in development. This cloud system is capable of adapting to regulatory modifications and implementing improvement updates. Moreover, it utilizes an agile development approach to encourage rapid decision-making and productive collaborations, enhancing time efficiency.Compatibility with the traditional systemThe newly established security token infrastructure is also compatible with the traditional security trading system. Achieving this compatibility posed numerous technical challenges as the new system operates on distributed ledgers, whereas the existing one relies on centralized servers.KIS is preparing to file patents for some of the technologies incorporated into the new system. These technologies encompass the payment of dividends through smart contracts, assurance of immediate settlements using deposits on distributed ledgers, and the management and safeguarding of personal information. By demonstrating the infrastructure’s capability and stability, the securities firm aims to gain a technological edge.Choi Seo-ryong, the head of the platform division at KIS, expects the new infrastructure to mark a significant milestone as distributed ledger technology merges with traditional finance. He further mentioned that the securities company will discover blue-chip assets meeting investor needs while committing to the stable establishment of the regulatory framework and the protection of investors.Moving forward, ST Friends will continue to enhance the stability and functionalities of the infrastructure through a series of field tests related to the entire process of security token products. Aiming to construct a security token ecosystem, the group will also concentrate on developing products by collaborating with various firms, including Korean content investment platform Funderful and real estate trading platform Valuemap.

news
Loading