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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.

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North Korea becomes major nation-state holder of Bitcoin following hack

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KISA and Ministry of Science and ICT Launch Blockchain Program for Innovation

KISA and Ministry of Science and ICT Launch Blockchain Program for InnovationThe Korea Internet and Security Agency (KISA) and the Ministry of Science and ICT announced on Thursday that it held an initiation ceremony for the 2023 Blockchain Nuridan — an annual program aimed at recruiting beta testers for blockchain services to foster an ecosystem for blockchain innovation.Photo by Shubham Dhage on UnsplashPublic participation in advancing blockchain in KoreaNow in its fifth year, Blockchain Nuridan offers hands-on experience in blockchain services in order to raise public awareness of blockchain technology and businesses and gather feedback on how to improve these services.This year, 150 citizens who have a high level of understanding of the industry, such as blockchain professionals, university students majoring in blockchain, and more, have been selected to test and experience various services from twelve different blockchain projects, then provide comments and feedback for improvement. They will also be responsible for choosing services to be beta tested next year as well as sharing their reviews of the services on their social media accounts.Fostering collaboration and engagement“Together with the Blockchain Nuridan, KISA will do our best to enhance the competitiveness of companies participating in blockchain projects and provide services that will bring convenience to people’s lives,” said Kwon Hyun-oh, Head of the Digital Industry Division at KISA.At the latest initiation ceremony, the citizens received certificates for their participation and were issued non-fungible token (NFT) badges. There was also an information session outlining the details and role of the program.

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