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South Korea’s strict laws on crypto exchanges come into force

The new regulations issued by South Korea’s watchdog to protect user assets on crypto exchanges went into effect on July 19.

The much-talked-about new regulations from South Korea’s financial security regulator, designed to protect users buying and storing crypto assets with virtual asset service providers (VASPs), came into force on July 19.

Titled the “Virtual Asset User Protection Act,” VASPs must take several steps to ensure the protection of user’s crypto, according to a July 17 statement from South Korea’s Financial Services Commission (FSC).

These include taking out insurance against hacking and malicious attacks against the user’s crypto assets, keeping the customer’s crypto assets separate from the exchange’s assets, and a requirement to keep customer deposits “safely kept in banks.”

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New South Korean leadership will press for BTC ETF trading

The Democratic Party of Korea promised to allow Bitcoin exchange-traded funds and it expects to follow through, one way or another.

The Democratic Party of Korea will request that the Financial Services Commission (FSC) reconsider its interpretation of the legal status of spot Bitcoin (BTC) exchange-traded funds (ETFs), according to a local press report. Allowing spot ETFs with underlying virtual assets was one of the party’s campaign promises.

An unnamed official of the Democratic Party policy committee told The Korea Economic Daily that the party would make the request after the opening of the National Assembly in June. The opposition party was swept into power in the April elections in South Korea and holds 175 of 300 seats in the legislative body.

The FSC issued a statement on Jan. 12 saying domestic securities firms could violate the Capital Markets Act by listing foreign spot BTC ETFs. The United States Securities and Exchange Commission approved spot BTC ETF trading on Jan. 10. The South Korean financial regulator’s position was not well received. The previous presidential administration urged the FSC to reconsider its decision on Jan. 18.

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Bank of Korea given right to investigate local crypto firms: Report

The South Korean central bank will be able to access crypto transaction data from exchanges operating in the country.

The central bank of South Korea has been given the green light to ramp up its scrutiny of cryptocurrency service operators and issuers amid further discussions on virtual asset legislation in the country.

On April 20, local media outlet The Korea Herald reported the Bank of Korea (BoK) will be given the right to investigate operators of cryptocurrency-related businesses.

The South Korean central bank has been competing with the country’s financial regulator, the Financial Services Commission (FSC), over crypto jurisdiction. However, the FSC will have the final say in governing the regulation of the digital asset sector.

The Bank of Korea expressed concerns over financial stability risks from stablecoins and will now be able to request transaction data from crypto exchanges.

The BoK’s right to request data from digital currency operators was confirmed by an official from the National Assembly’s Political Affairs Committee last week. The FSC will express its official position at a subcommittee meeting on April 25.

The meeting will accelerate the rollout of South Korea’s virtual asset laws, according to the report.

Democratic Party lawmaker Kim Han-gyu, who proposed the country’s crypto regulations, the Crypto Assets Act, said “The Financial Services Commission admits that it is necessary for the Bank of Korea to have the right to request data, but it is refusing to include it in the bill.”

The South Korean government has been trying to push forward crypto legislation but there have been arguments between the central bank and the FSC over who should control it.

However, the FSC warned that if the central bank governs crypto it will send the message that digital assets have the same standing as traditional finance. The FSC chair has previously said that he does not consider crypto a financial asset.

The two institutions have been at loggerheads for the past three years over crypto regulations. The FSC has been accused by officials from the Political Affairs Committee, a division of the country’s State Affairs Commission, of trying to monopolize its position as a crypto regulator.

The latest development means that both the South Korean central bank and its financial regulator will be able to investigate crypto operators and have full access to transaction data.

Related: South Korea saw over $4B unregistered crypto transactions in 2022

The FSC has been active recently with enforcement actions against crypto companies and takes the same position as the United States Securities and Exchange Commission (SEC) in that it considers crypto assets securities.

South Korea’s Financial Supervisory Service, which operates under the FSC, announced an investigative body called the Digital Assets Committee in mid-2022.

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Report: Korean Central Bank to Gain Right to Probe Virtual Asset Entities After Financial Regulator Drops Opposition

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South Korean Regulators Warn Dozens of Foreign Exchanges to Comply With New Rules

South Korean Regulators Warn Dozens of Foreign Exchanges to Comply With New RulesOverseas crypto exchanges marketing to Koreans will be blocked if they fail to comply with new South Korean regulations. The country’s anti-money laundering body has sent a notice to a number of foreign trading platforms warning them a registration is mandatory in order to provide services to Korean residents. Korean Financial Intelligence Unit Notifies Foreign […]

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South Korea’s Financial Regulator Holds Closed-Door Meeting With 20 Crypto Exchanges

South Korea’s Financial Regulator Holds Closed-Door Meeting With 20 Crypto ExchangesRegional reports disclose South Korea’s Financial Services Commission (FSC) had a closed-door meeting with roughly 20 different cryptocurrency exchanges on June 3. The report highlights that virtual asset business operators (VASPs) that attended the meeting all had ISMS (Information Security Management System) certification. South Korean Regulator Holds a Closed-Door Meeting With 20 VASPs A report […]

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