South Korea Introduces New Crypto Law That Could Lead to Life Imprisonment

South Korea has announced the introduction of rigorous regulatory measures aimed at curbing illegal activities in the cryptocurrency sector. The regulations, part of the newly established Virtual Asset User Protection Act dated July 18, 2023, are poised for implementation starting July 19, 2024. This act is a significant stride towards enhancing the protection of cryptocurrency users and bringing much-needed order to the South Korean crypto market.

Ensuring Market Integrity through Stringent Measures

The government has outlined several prohibitions under the new rules, targeting practices such as the concealment of crucial information, market manipulation, and fraudulent activities. Violators face severe penalties, including a minimum of one year in jail or fines that could range from three to five times the amount of illicit gains. More drastic measures, including the possibility of lifetime imprisonment and fines surpassing the amount of the illegal gains, are reserved for individuals responsible for illicit gains exceeding 50 billion Korean Won (approximately $3.7 million).

The Financial Services Commission (FSC) is at the forefront of enforcing these regulations, tasked with alerting the Prosecutor General about any suspect activities involving virtual assets. Following an investigation and based on the findings from the Prosecutor General, the South Korean authorities are authorized to levy fines.

The FSC has the authority to impose various corrective measures on virtual asset service providers found in violation of the act. These measures include suspension of operations, mandatory corrective actions, filing complaints, and referring cases to investigative bodies.

Protecting Users and Fostering Growth

A critical aspect of the Virtual Asset User Protection Act is its focus on safeguarding user assets. It mandates that cryptocurrency exchanges implement robust security measures to protect user deposits, including storing a significant portion of assets offline. Additionally, exchanges are required to either insure these assets or maintain reserve funds to cover potential losses from hacking incidents or system failures.

The introduction of these regulations comes at a pivotal time as South Korea’s cryptocurrency market is on the brink of significant growth. Projections indicate a Compound Annual Growth Rate (CAGR) of 5.12% from 2024 to 2028, with market revenue expected to hit $2.2 billion by the end of this period. This growth underscores the necessity for stringent regulations to ensure market stability and protect investors.

South Korea’s proactive regulatory approach reflects a broader commitment to safeguarding its financial ecosystem and enhancing transparency within the cryptocurrency sector. By enforcing these measures, the government aims to improve the integrity of the crypto industry, including requiring exchanges to report changes in executive leadership, thus fostering a safer and more reliable market environment for investors and users alike.