Top

The Legal Future of South Korea’s Crypto Industry: Necessary Legislation and Systems

Policy & Regulation·October 26, 2023, 9:55 AM

A recent National Assembly symposium organized by South Korea’s Digital Asset Policy Forum brought experts together to discuss the challenges and prospects of the implementation of the Virtual Asset User Protection Act at the National Assembly Members’ Office Building in Seoul on Tuesday.

Photo by Tingey Injury Law Firm on Unsplash

 

International models

References were made to global examples, such as the Markets in Crypto-Assets Regulation (MiCA) — the world’s first standalone virtual asset legislation enacted in the EU — which ensures transparency, disclosure, authorization, and supervision of crypto-asset transactions. However, unlike the capital market, MiCA does not impose regular disclosure reporting requirements or corrections on them. Firms in Japan, on the other hand, are asked to provide disclosure under autonomous regulation through the Japan Virtual and Crypto Assets Exchange Association (JVCEA).

Notably, in its recent Policy Recommendations for Crypto and Digital Asset Markets Consultation Report, the International Organization of Securities Commissions (IOSCO) states that it is “seeking to encourage optimal consistency in the way crypto-asset markets and securities markets are regulated within individual IOSCO jurisdictions, in accordance with the principle of ‘same activities, same risks, same regulatory outcomes’.” This principle refers to the concept that any crypto-asset activity that has a similar function and poses similar risks to those in the traditional financial system — such as operating a trading platform or providing custody services — is subject to regulation that ensures equivalent outcomes, as defined by the UK Parliament.

The IOSCO report also suggests that crypto-asset service providers (CASPs) should disclose information regarding ownership and control of crypto-assets, issuer and business-related information, issuer management teams, transaction history and operational description of crypto-assets, token ownership concentration, transfer protocols, and a given CASP’s treatment of the client crypto-assets and their respective rights and entitlements during events like hard forks and airdrops.

 

Hurdles to overcome

Experts at the forum reflected these considerations in their sentiments. Han Suh-hee, a lawyer at Barun Law Firm, emphasized that it is important to determine what kind of information should be disclosed. She argued that it is necessary to discuss to what extent information about virtual asset issuers should be disclosed and whether mandating firms to disclose their financial and business conditions is efficient.

In particular, Han underlined the need to consider the differences between virtual assets and stocks when establishing a framework for the disclosure of virtual assets holdings. Unlike stocks, virtual assets possess distinctive characteristics like their borderless and decentralized nature, unclear issuer backgrounds, and the ability to conduct peer-to-peer (P2P) transactions.

Lee Han-jin, a lawyer at Kim & Chang Law Firm, added that the enactment of Korea’s Virtual Asset User Protection Act was aimed at establishing a system directly targeted at regulating virtual assets and virtual asset service operators (VASPs) — a significant development from the Financial Transaction Reporting Act, which had until now been the only legal framework responsible for regulating VASPs along with other entities like casino business operators. Virtual assets are now subject to a more systematized regulatory approach.

However, he said that the Virtual Asset User Protection Act still has its setbacks because it is undergoing a two-stage legislative process. Lee criticized the fact that the same definition of VASPs outlined in the Financial Transaction Reporting Act had been brought over, which limits their identity to transaction intermediaries, wallet operators, and custodians while overlooking their other roles like crypto management, crypto deposits, and crypto collective investments.

Lee also pointed out another weakness: the scope of prohibition on using undisclosed information and market manipulation is broader in the Virtual Asset User Protection Act than in the Capital Markets Act. He argued that enforcement decrees should stipulate the definition of insiders and exceptional cases when deliberating on the prohibition of insider virtual asset trading.

Lee thus emphasized the need for a clear definition of virtual assets in the Virtual Asset User Protection Act, as it is yet unclear whether they are objects or assets. All things considered, he believes there must be a law that can encompass blockchain-based decentralization, outline the similarities and differences between digital assets and financial products, and accommodate new services that utilize smart contracts.

“We are in the process of creating a regulatory system similar to those being adopted in other countries based on their respective markets,” said Lee Seok-ran, head of the Financial Innovation Bureau at the Financial Services Commission (FSC). “Unlike the stock market, which is equipped with regulations to prevent fraudulent transactions and misconduct, virtual assets are traded on multiple exchanges, so we are considering how to interpret unfair trading activities and conduct market surveillance.”

She explained that the commission is prioritizing user protection measures and subordinate regulations. “I believe we will be able to create a system for subordinate regulations on disclosure once an overall global trajectory is established. But before that happens, we are working on guidelines for defining unfair trading activities with regulators and the Digital Asset eXchange Alliance (DAXA).” Unfair trading activities associated with virtual assets include not only those conducted on exchanges but also under other circumstances.

The FSC officer said that the financial authority is set to establish legal criteria to distinguish cases such as false statements in white papers of crypto projects. She added that enforcement decrees will define both the conditions for restricting deposits and withdrawals on crypto exchanges and the corresponding limits.

More to Read
View All
Web3 & Enterprise·

Jan 11, 2024

CoinNess soars to 2nd among news apps in Korea amid bitcoin ETF frenzy

CoinNess, the leading crypto media platform in South Korea, announced today that it has become the country’s largest online community platform for cryptocurrency enthusiasts. 100,000 daily active usersThe virtual asset media outlet revealed that during the second week of January, the average daily active user (DAU) count neared 100,000. The platform also experienced a milestone, with the average concurrent user count surpassing 15,000 for the first time, edging out Coinpan, Korea's preeminent cryptocurrency community website. High ranking in app marketsAdditionally, CoinNess achieved the second position in the Top Charts for free iPhone apps in the news category on the Apple App Store in Korea. The top spot is held by the social media platform X, previously known as Twitter. On the Android Play Store, the CoinNess app ranked 82nd in the finance category and is the fourth most popular among crypto-related apps, trailing behind Bithumb, Upbit and Bitget. The significant increase in CoinNess’ user base can be attributed to the recent surge in interest in spot bitcoin exchange-traded funds (ETFs). More and more Korean investors have turned to CoinNess, finding it crucial to stay informed about the U.S. Securities and Exchange Commission’s (SEC) approval of spot bitcoin ETFs and to begin participating in the cryptocurrency market.Korean crypto market’s prominenceThe prominence of the Korean market in the world of cryptocurrency is highlighted by the Korean won's leading role in the fiat currency trading of bitcoin. According to a Bloomberg report, in November, the Korean won made up 42.8% of all fiat currencies used in bitcoin transactions, surpassing the U.S. dollar. Regarding this development, Kim Jung-ho, CEO of CoinNess, said, “Korean investors generally commit substantially more funds to cryptocurrency investments than the average seen globally. They are keenly attuned to international news and market trends, demonstrating a propensity for analyzing the market from diverse viewpoints.” Established in 2018, CoinNess is a news platform specializing in live updates on virtual asset investment. The media expanded to include an online community in 2021, creating a more holistic experience for its users. In Korea, CoinNess prides itself on having the largest active user base in the cryptocurrency media and community sector. Furthermore, CoinNess stands out as the only business-to-business (B2B) provider of live cryptocurrency news in Korea. It delivers real-time crypto updates to prominent platforms, including Coinone and Gopax, which are among the nation's five largest fiat-to-crypto exchanges. English service in Q1Moving forward, CoinNess is gearing up to launch a new service in the first quarter, offering live, around-the-clock updates on cryptocurrency markets in English to a global audience. As a key partner with Ness LAB, the blockchain research firm responsible for the NESS token, CoinNess seeks to enhance Ness LAB’s efforts to cultivate an information economy within the cryptocurrency sector. 

news
Policy & Regulation·

Sep 05, 2023

Chinese Central Bank Official Emphasizes Need for Digital Yuan Retail Payments

Chinese Central Bank Official Emphasizes Need for Digital Yuan Retail PaymentsA senior official from the People’s Bank of China (PBOC) has underscored the importance of making China’s digital yuan, commonly referred to as the e-CNY, accessible in all retail payment scenarios within China.Photo by Eric Prouzet on UnsplashStreamlining retail e-CNY paymentsThe remarks were delivered by Changchun Mu, Head of the Digital Currency Research Institute, during a trade forum in Beijing. Mu emphasized the need for standardizing QR codes in payment systems, particularly those dominated by giants like WeChat Pay and Alipay.Local media reported on Sunday that the central bank official highlighted that various wallet providers, including WeChat, Alipay, commercial banks with mobile banking apps, and other payment apps associated with e-CNY operations, must remain vigilant about complying with relevant financial regulations and obtaining the necessary licenses. He stressed that the initial step in this process should involve the adoption of the digital yuan as the preferred payment method for all retail transactions.Standardizing QR code paymentsMu explained that in the short term, authorities can start by unifying QR code standards on a technical level to achieve barcode interoperability. In the long run, he suggested that they will steadily implement the upgrade of payment tools.The move towards standardizing QR code payments aligns with the central bank’s commitment from the previous year to promote universal QR payment codes. This initiative aims to allow consumers to make payments by scanning a unified barcode. Currently, QR code payment systems are widely prevalent in China, with WeChat Pay and Alipay being dominant players.The PBOC has been actively testing the e-CNY, having introduced a pilot app in January 2022. The digital yuan pilot programs, initiated in late 2019, have expanded to encompass at least 26 locations across 17 provincial-level cities and regions, including major cities like Beijing, Shanghai, Shenzhen, and Suzhou, according to state media Xinhua.The extent of China’s promotion of its digital yuan has been unmatched despite the fact that most central banks globally have had ongoing central bank digital currency-related (CBDC) projects open for a number of years already.Recent months have seen the launch of a whole host of initiatives to further the use of the CBDC. These initiatives have included integration of the currency into the education system in Jiangsu province, the installation of digital yuan ATMs in Hainan, among many other such projects, and paying state employees with the currency in Changshu. That said, despite these efforts, widespread adoption of the e-CNY remains a work in progress.Bringing about e-CNY integrationMu also emphasized that the existing interbank payment and settlement systems function effectively, indicating that there is no immediate need to replace them with the CBDC system. Instead, he suggested that seamless integration could be achieved by ensuring comprehensive interoperability between the e-CNY and existing electronic payment tools and commercial bank deposit systems.Moreover, at a wholesale level, Mu proposed the use of the digital yuan for settlement within the financial market infrastructure. Smart contracts could also be leveraged for such activities, thereby enhancing efficiency in wholesale payments.Mu’s remarks underscore the Chinese central bank’s determination in advancing the development and adoption of the digital yuan while ensuring it remains integrated into the existing financial ecosystem.

news
Web3 & Enterprise·

Sep 11, 2023

Rotonda Signs Deal with The Sandbox for Blockchain Ecosystem Expansion

Rotonda Signs Deal with The Sandbox for Blockchain Ecosystem ExpansionRotonda, a subsidiary of Korean crypto exchange Bithumb and the operator of the Web3 digital wallet Burrito Wallet, announced that it has signed a memorandum of understanding (MOU) with metaverse platform The Sandbox to expand its blockchain ecosystem.Photo by Shubham Dhage on UnsplashA space for creativity and monetizationThe Sandbox is a global metaverse platform that allows users to easily create and participate in games, avatars, and items. It also provides free three-dimensional content creation tools called VoxEdit and Game Maker, and users can monetize their content. It has partnered with over 400 major companies, including Netmarble, LINE Studio, Ubisoft, and Zynga, securing some five million subscribers worldwide. “We expect that users will be able to enjoy a new Web3 experience within the metaverse, where they can create their own content,” said Max Minchul Shin, CEO of Burrito Wallet.Elevating the metaverse experienceThrough the new partnership, Burrito Wallet will support wallet integration within The Sandbox’s platform by unifying the on-chain experience across services. Burrito Wallet users will thus have more convenient access to various content within The Sandbox, including LAND — the platform’s virtual real estate space for interacting and showcasing creativity — as well as personalized avatars and assets, and an NFT marketplace. Additionally, the company plans to enhance wallet utility by supporting the multi-chain functionality of SAND, The Sandbox’s utility token.“Our partnership with Burrito Wallet will make it easier and more convenient for users to enjoy The Sandbox,” said Cindy Lee, CEO of The Sandbox Korea.“We will continue to collaborate with companies from various fields to advance the Web3 market and establish ourselves as a distinguished wallet service in the global market,” Shin added.Rotonda’s global initiativesRotonda is actively collaborating with global projects to promote the mass adoption of Web3 and blockchain technology. Last month, it launched the iOS version of Burrito Wallet in a move to expand availability for Web3 users on all operating systems. The company also recently co-hosted Next Block 2023 with its parent company Bithumb to promote business collaboration and build an ecosystem for accelerating Web3 projects.

news
Loading