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South Korea Implements Stringent Regulations for Cryptocurrency Investors

Jun 26, 2024

Commencing in the imminent month, investors involved in the cryptocurrency market in South Korea are poised to experience reinforced security measures with the adoption of recent regulations sanctioned by the government. These regulations are strategically crafted to fortify user protection in the event of a cryptocurrency exchange succumbing to insolvency.

The recent declaration by the Financial Services Commission (FSC) disclosed the approval of an enforcement decree, slated to be operational from July 19, as an integral component of a broader scheme to monitor the digital asset landscape within the nation.

Under the decree, Virtual Asset Service Providers (VASPs) are compelled to segregate customer deposits from their operational capital, directing these funds to established financial entities. This segregation mandate aims to mitigate the hazards associated with potential exchange failures, ultimately fostering confidence among participants in South Korea's cryptocurrency domain.

Furthermore, the decree mandates VASPs to reserve a minimum of 80% of users' digital assets in cold storage facilities renowned for their robust security protocols against cyber incursions and financial vulnerabilities. Depending on the risk assessment conducted on a VASP, regulatory bodies retain the prerogative to impose even stricter cold storage requirements to curb the risks of illicit activities or operational shutdowns.

In tandem with the emphasis on user safeguarding, the decree introduces stringent penalties for individuals perpetrating manipulative or deceitful practices within the crypto market. Perpetrators found manipulating the system could confront severe consequences, including a minimum one-year imprisonment term or fines reaching five times the illicit profits amassed through their fraudulent deeds.

Augmenting the regulatory framework, VASPs are empowered to control user deposit and withdrawal activities under specific circumstances, bolstering vigilance over potential irregular transactions.

Recent enforcement actions in South Korea have escalated legal interventions against scammers targeting cryptocurrency investors. A recent crackdown on May 21 witnessed the apprehension of 19 members of a deceptive social media group that hoodwinked over 300 investors, leading to losses amounting to almost $19 million.

Despite the absence of definitive tax policies on crypto gains in South Korea, the prevailing ambiguity related to the implementation of such levies has engendered a climate of uncertainty. Nevertheless, tax authorities are actively monitoring the landscape to forestall instances of tax evasion through cryptocurrency avenues.

A noteworthy occurrence on Feb. 22 showcased a South Korean province successfully retrieving $4.6 million worth of digital assets from around 2,300 suspected tax evaders, underscoring the government's proactive stance against illicit tax evasion activities.

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