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South Korean FSC's New Stand on NFTs

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by Giorgi Kostiuk

2 years ago


The Financial Services Commission (FSC) in South Korea has revised its position on nonfungible tokens (NFTs), aiming to designate certain NFTs as Virtual assets.

NFTs, recognized for their unique and non-replicable nature, are being considered virtual assets as outlined in a recent report by South Korea's FSC. The report emphasizes that NFTs, characterized by divisibility, mass production, and utility for payments, now fall under South Korea's updated framework.

Businesses issuing NFTs classified as virtual assets are now mandated to inform the South Korean regulatory authority. This shift in policy precedes the impending introduction of the nation's initial crypto regulatory framework on July 19.

Jeon Yo-seop, the head of Financial Innovation Planning at FSC, speculates that NFT collections manufactured in large quantities could potentially serve as a medium of exchange. For instance, a collection comprising one million NFTs could be traded and used for transactions akin to cryptocurrencies.

The classification of NFTs as virtual assets will not adhere to a uniform standard but will be determined on a case-by-case basis by the FSC. NFTs demonstrating financial security characteristics specified in the Capital Markets Act of the country might be classified as securities.

Under the new guidelines, certain deposited NFTs might be eligible for interest on crypto exchanges, pursuant to a notice from the FSC issued in the previous year. Nevertheless, ordinary NFTs and CBDCs are excluded from this interest-earning privilege.

This fresh regulatory framework forms part of South Korea's Virtual Asset User Protection Act, slated to take effect a week later. The act is designed to criminalize unethical behaviors in the crypto ecosystem, including the misuse of undisclosed information for crypto ventures, market manipulation, and fraudulent dealings.

The bill was ratified by the National Assembly in 2023, granting cryptocurrency-focused entities a grace period of one year to conform with the regulations.

In a bid to strengthen these endeavors, South Korean regulators have introduced a Joint Virtual Asset Crime Investigation Unit, comprising 30 professionals from seven national agencies, to combat crypto-related offenses effectively.

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