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ConfirmedRegulation & Policy586 vB183 sat/vB3 min decode

South Korea's FSC to Let Exchanges Freeze Funds on Suspected Hacks

South Korea's FSC will issue a no-action opinion letting crypto exchanges freeze deposits and withdrawals on suspected hacks, before an intrusion is confirmed. No date or freeze terms were given.

South Korea’s FSC to Permit Crypto Exchange Freezes on Suspected Hacks
WitnessSouth Korea’s FSC to Permit Crypto Exchange Freezes on Suspected HacksSeungho Park-Lee / unsplash

Outputs

  1. The FSC decided Thursday to issue a no-action opinion allowing exchange freezes on suspected hacks, with no issuance date or terms given

  2. Article 11 of the Act on the Protection of Virtual Asset Users permits blocks only on decree-prescribed good cause, with customer notice and FSC reporting

  3. Korean law requires at least 80% of customer assets in cold wallets; the FSC puts the industry-wide ratio above 95%

  4. Exchanges unable to maintain continuous monitoring must limit deposits and withdrawals to monitored hours

  5. The FSC cited the Binance hack as evidence rapid restrictions limit customer losses

South Korea's Financial Services Commission decided Thursday to issue a no-action opinion that would let domestic crypto exchanges block customer deposits and withdrawals the moment they suspect a hack — before any intrusion is confirmed. The commission set no issuance date, spelled out no detailed freeze conditions and gave no maximum duration for a block, leaving exchanges waiting on the operational fine print.

The decision changes how quickly platforms can move. Under current rules, the FSC says, exchanges may block customer assets only after a hack has been clearly established. That gap between suspicion and confirmation is the window the no-action opinion aims to close.

What does the current law actually say?

The legal constraint sits in Article 11 of South Korea's Act on the Protection of Virtual Asset Users. The provision bars exchanges from blocking deposits and withdrawals without good cause prescribed by Presidential Decree, and it imposes two procedural duties when a block does occur: advance notice to the affected customer and immediate reporting to the FSC.

The FSC's Thursday decision does not amend that statute. A no-action opinion signals the regulator will not pursue action against exchanges that freeze funds on hack suspicion, effectively widening the practical scope of Article 11 without new legislation.

What the opinion leaves open matters as much as what it permits. No issuance date. No defined conditions triggering a freeze. No cap on how long a block can last. Those gaps will shape how aggressively exchanges use the new leeway, since an open-ended freeze with thin justification could still draw regulatory scrutiny or customer complaints.

What must exchanges do in return?

The FSC paired the freeze permission with an operational demand: continuous monitoring and response coverage. Exchanges that cannot maintain round-the-clock monitoring face a fallback regime. Under it, the commission said, they should:

  • Process deposits and withdrawals only during monitored hours
  • Notify customers in advance of those restricted windows
  • Keep staff on hand to handle withdrawal requests

That fallback is a meaningful business constraint. Platforms without 24/7 security operations would have to shrink their service hours or invest in staffing, a cost consideration for smaller Korean exchanges competing with global venues.

Where do cold wallets and insurance fit?

South Korea already requires exchanges to hold at least 80% of customer assets in cold wallets. The FSC said the industry-wide ratio currently sits above 95%, comfortably ahead of the statutory floor.

Even so, the commission pushed platforms further. It urged exchanges to keep hot-wallet balances — the funds exposed to internet-connected risk — down to the minimum needed for daily transactions, and to strengthen insurance coverage and reserves. The combined effect is a policy push toward shrinking the attackable surface on exchanges while building a financial buffer for whatever gets through.

Why now?

The FSC cited the Binance hack as a concrete example of how rapid restrictions can limit customer losses. The reference signals the regulator's thinking: in incidents where operators moved fast to restrict flows, affected customers lost less, and the commission wants Korean exchanges to have clear legal room to do the same without waiting for full forensic confirmation of a breach.

For Korean platforms, the near-term operational question is straightforward. Until the FSC issues the opinion and defines its conditions, exchanges still face the old rule set — blocks only after a hack is established — and the clock on the opinion's actual release, along with its detailed terms, is now the thing to watch.

via tokenpost.com (Source)

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Daniel Okafor

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Correspondent covering people, launches and day-to-day practice in crypto and web3 industry at Mempool Brief.

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