No Change in Korea’s Stance on Virtual Assets

The U.S. Securities and Exchange Commission’s (SEC) recent approval of Bitcoin’s spot exchange-traded fund (ETF) marks a significant development in the global financial landscape. However, this decision does not herald any policy changes in Korea regarding virtual assets. The Korean government maintains its stance, not recognizing virtual assets as financial assets and prohibiting financial institutions from investing in them.

Consistent Government Policy

The Financial Services Commission (FSC) of Korea reaffirmed its position following the SEC’s announcement. An FSC official emphasized the government’s principle of barring financial institutions from virtual asset investments. This approach aims to stabilize the financial market and protect investors, indicating that the launch of a virtual asset ETF in Korea remains improbable.

Global Perspective and Legal Impediments

Countries like Hong Kong, Germany, and Canada already operate spot ETFs, and the U.S. previously permitted futures ETFs. However, these developments do not influence Korea’s regulatory framework. Under the Capital Markets Act, the underlying assets for ETFs are restricted to financial investment products, currencies, and general products, excluding virtual assets. Financial authorities express reluctance to amend the law to accommodate virtual assets as ETFs’ underlying assets.

Financial Stability Concerns

The financial authorities cite the U.S. financial sector’s stability during the virtual asset market crash as a testament to the prudence of restricting financial institutions from virtual asset investments. The SEC’s approval of virtual asset ETFs was a limited response to a court decision, not an indication of broader acceptance.

SEC Chairman’s Statement

Gary Gansler, SEC Chairman, clarified that the approval pertains exclusively to cash exchange-traded products holding Bitcoin and does not imply any intention to sanction listing standards for virtual asset securities.

Industry Perspectives

Despite the government’s stance, industry voices like CrossAngle CEO Kim Jun-woo advocate considering the introduction of ETFs for Bitcoin. He argues that with the legal basis for regulation diminishing, the choice lies between proactive adaptation or eventual compliance.

Conclusion

Korea’s unwavering policy on virtual assets, despite the SEC’s approval of Bitcoin ETFs, reflects a cautious approach to cryptocurrency integration in mainstream finance. This decision emphasizes the need for stable financial markets and investor protection, even as other nations explore more progressive regulations.