By Bronwyn Howell

South Korea has long been considered one of the world’s most
innovative and dynamic digital economies. The home of Samsung and LG, South
Korea led the world in diffusing ubiquitous fiber-based broadband in the early
2000s, provided the benchmark for uptake of online gaming, and its K-pop audio
and video phenomenon defined an entire new entertainment genre.

South Korea has also been at the forefront of the burgeoning
new world of cryptocurrencies. As of August 2021, over 300 companies were estimated to be operating in the
Korean cryptocurrency space, including 79 identified as cryptocurrency
exchanges. On August 3, these exchanges accounted for 9.4 percent of global transaction volume.

Exchanges: The
weakest link

Cryptocurrency exchanges are the “weak link” in the
cryptocurrency ecosystem, in large part because most individuals using wallets
managed by the exchanges do not actually hold crypto assets. Rather, they own a
promise to pay the balance in a given currency (similar to bank deposits). Most
high-profile losses associated with cryptocurrencies have thus occurred when
lax information security has led to theft from an exchange and, hence,
inability to meet account holders’ claims.

Consequently, there have long been calls for prudential
regulation of cryptocurrency exchanges in a similar manner to that of
conventional banks. Japan began cautiously down this path in 2017, requiring exchanges to register with its prime minister.
However, this proved of little use in 2018 when a theft occurred
at the Coincheck exchange.

The problem is: Due to the different technologies used, the
risks with crypto exchanges are not necessarily the same as those that
conventional banks and securities face. Hence, conventional regulators and
their tools are not best placed to identify the presence of a problem, take the
necessary action to thwart it, or devise remedies when risks crystallize.

Self-regulation: The
first recourse

In an embryonic market like cryptocurrency exchanges, industry self-regulation might be an optimal first option.
Those aware of the intricacies are best placed to draw up codes of conduct and
form alliances of exchanges adhering to specific codes. “Good” alliances are
best placed to monitor the ethical behavior of their members and use refusal to
admit or ejection from the group as checks against less-ethical traders.

As consumers will prefer better codes or alliances over
poorer ones, competition will lead the best codes to not just survive but
prevail, as the worst ones fail from lack of customers. These arrangements
prevailed in the governance of embryonic share markets at their outset and
subsequently amongst banks. They have also been evident in the crypto space,
with the Japanese Virtual Currency Exchange Association, the Korea Blockchain
Association formed in 2018 by cryptocurrency exchanges, and CryptoUK.

Enter governments

Nonetheless, in March 2021 the South Korean government began
establishing a more formal regulatory environment for cryptocurrency exchanges
under the Act on Reporting and Using Specified Financial Transaction
Information. In this respect, it is ahead of the United States, the European
Union, and many other countries in establishing government oversight of the
sector.

The new legislation covers all Virtual Asset Service
Providers, including all exchanges, custodians, asset managers, and wallet-service
providers, which must register with the Korea Financial Intelligence Unit. In
addition, they must be certified by The Korea-Information Security Management
System, ensure their customers have real-name bank accounts, and ensure their
CEOs and board members have not been convicted of a crime. Moreover,
cryptocurrency exchanges are required to partner with domestic banks, establish
real-name bank accounts for their customers, and provide proof of adequate
levels of deposit insurance to cover potential losses from hacks.

By requiring exchanges to partner with banks, South Korean
regulatory and law enforcement agencies will have access to crypto transaction
data for their various investigative purposes. This is purported to ensure anti–money
laundering activities are enabled and that evasion is countered.

However, as the implementation deadline of September 24
nears, the legislation’s full ramifications are becoming evident. Of all the
cryptocurrency exchanges in the country, only the “big four” (Bithumb, Upbit,
Korbit, and Coinone) hold partnerships with local banks suitable for the
real-name account trading provisions. Understandably, banks have been reluctant
to provide these services to what they perceive as their competitors. Only
around 20 exchanges are expected to meet the requirements by the due date. A mass shutdown of exchanges is anticipated, along with the
disappearance of a significant number of the so-called “kimchi coins” they
manage.

A ‘fix that fails’?

Ironically, the new regulatory regime may precipitate a run
on small, vulnerable exchanges — a “regulatory fix that fails,” so to speak —
if the exchanges have more claims than they are able to satisfy. There is much
the US can learn about a potential future regulatory regime from observing
South Korea’s as September 24 comes to pass.

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