News and developments

Virtual Currency – Ban on Trading by Foreigners and Financial Institutions

In response to the recent

speculation frenzy over virtual currency trading and increase in virtual

currency-related crimes, the Korean government announced emergency measures

yesterday, December 13, 2017, the main points of which are summarized below:

  • Prohibition on virtual currency trading and
  • opening of virtual currency account (with the bank or the exchange) by minors

    and foreigners, which will be enforced in cooperation with the banks

  • Reinforcement of FX regulations, e.g., transfer
  • of virtual currencies disguised as travel expenses will be subject to strict

    investigation

  • Prohibition of any and all virtual currency
  • transactions (holding, purchasing, taking as security or otherwise investing in

    virtual currencies) by domestic financial institutions

  • Investigation on business activities of virtual
  • currency exchanges. Exchanges with frequent customer information leakage or unfair

    transactions will be suspended from operation and/or receive fines.

  • Possible tax imposition on trading gains (by
  • reference to other jurisdictions).

    Also, the emergency measures

    included the measures announced on September 2 and 31, 2017, e.g., (i) crackdown

    on crimes involving virtual currencies, e.g., frauds and illegal collection of

    funds, (ii) the prohibition of ICO (Initial Coin Offering), and (iii) other

    requirements aimed to increase the security of the exchange and prevent illegal

    activities, such as KYC/AML procedure and cryptographic key distribution. For

    more information, please see BKL's 9/25 and 9/29 newsletters.

    This update is intended as a summary news report only, and not as advice. For legal advice, please inquire with your contact at Bae, Kim & Lee LLC, or the following authors of this bulletin:

    Sky YANG

    T 82.2.3404.0143

    E [email protected]

    Jae In LEE

    T 82.2.3404.6537

    E [email protected]