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South Korea's encryption policy transformation: Regulatory divergence and the path to institutional trading deregulation
South Korea's encryption policy is in a transitional period: there are differences among regulatory agencies.
South Korea's policies in the encryption field are undergoing a profound transformation, constantly pulled between conservative and open forces. This internal contradiction is not only reflected in the inconsistent signals released by the highest financial regulatory authorities and executive departments, but also reveals the decision-makers' repeated weighing of the positioning of digital assets.
Policy Differences Among Regulatory Agencies
Recently, the Financial Supervisory Service of South Korea issued informal verbal instructions to several local asset management companies, urging them to reduce their risk exposure to certain US-listed digital asset companies. This warning strictly follows South Korea's policy from 2017 that prohibits financial institutions from directly holding or purchasing equity in digital asset companies.
The Financial Supervisory Commission emphasized that, before the new regulations are officially introduced, the current rules remain binding even if the domestic and international regulatory environment changes. This move has caused confusion in the market, as it stands in stark contrast to the open signals recently released by the Financial Services Commission. This "policy divergence" is a typical feature of the regulatory transition period—when the blueprint for reform has not yet been fully implemented, the inertia of enforcing old rules still exists.
Phased Lifting of Institutional Trading Ban
The Financial Services Commission previously announced that it would gradually lift the institutional encryption trading ban implemented in 2017. Regulators stated that the original ban aimed to curb speculation and illegal activities, but the current dynamic changes in the market and the surge in domestic companies' demand for participation in blockchain, along with the improvement of key infrastructure, have prompted a shift in policy.
It is worth noting that this decision is not simply following international trends, but is based on a comprehensive assessment of market maturity and risk control capabilities. With the implementation of relevant laws, South Korea has initially established a relatively complete compliance framework covering exchange licenses, customer due diligence, and asset custody.
The new framework is planned to be implemented in phases in 2025: in the first half of the year, specific institutions will be allowed to sell encryption assets; in the second half of the year, listed companies and professional investors will be able to trade, promoting the alignment of South Korean regulations with international standards.
Challenges during the Policy Transition Period
The differing statements among regulatory agencies expose the fundamental cognitive differences in South Korea's financial regulatory system regarding the nature of digital assets. The Financial Services Commission tends to view them as "programmable value carriers," emphasizing their potential in cross-border payments, corporate asset management, and financial innovation; while the Financial Supervisory Service still places them within the negative framework of "speculation and bubbles," worrying that regulatory arbitrage and excessive leverage could exacerbate market volatility and distort liquidity.
This contradiction is not unique to South Korea. In 2024, many countries and regions have begun to issue relevant licenses to traditional financial giants to promote the development of digital asset businesses. In contrast, South Korea's pace appears to be more cautious.
The Impact of Policy Differences and Future Outlook
The split in regulatory signals has had direct consequences: medium and long-term funds are in a wait-and-see mode. Asset management companies tend to keep overseas encryption-related investments in a legal gray area, unwilling to rashly enter the unclear domestic market; domestic exchanges, while striving for licenses and expanding institutional business, must cope with constantly changing compliance requirements, which increases costs and uncertainty.
However, from a more macro perspective, this kind of growing pains may be a necessary stage for the natural maturation of policies. The key lies in whether South Korea can, in the coming months: revise the specific quantitative rules for financial institutions' holdings, clarify the mechanisms for cross-border capital flows and foreign exchange risk hedging, and integrate the intentions of openness with prudent demands into a unified regulation.
The most anticipated aspect is how the stable access of institutional-level capital will reshape the local encryption ecosystem. Regulators are attempting to create a "buffer zone that balances safety and efficiency": guiding compliant funds to gradually integrate into the global digital asset network while ensuring market stability. This path is fraught with challenges, but once successful, South Korea is expected to become the next digital asset hub in Asia, combining financial innovation vitality with stringent compliance advantages.
Conclusion
South Korea's current encryption policy is a complex process of multi-center and step-by-step evolution, which not only involves adhering to the security boundaries of traditional finance but also harbors expectations for the future of financial technology. The core task ahead is how to achieve precise alignment between the policy rhythm of various regulatory agencies, legislative progress, and market practices. Only when regulation and innovation achieve deep collaboration can South Korea truly move beyond the "cautious trial" stage and actively embrace the new era of digital assets.