Korea’s Digital Asset Basic Act: The Covenant Between Chaos and Order

0xKai Funding

In the chaos of consensus, I seek the quiet truth.

Over the past week, a quiet storm has been brewing inside the Korean National Assembly. Ten separate bills, scattered across party lines, all aiming to define the future of digital assets in one of the world’s most active crypto markets. Some would abolish the 20% capital gains tax on crypto income. Others would force every stablecoin issuer to be a bank. A few would cap ownership stakes in exchanges. The sheer number of competing proposals tells you one thing: this is not a coordinated plan. It is a battlefield of ideas, each faction trying to carve its version of order out of the chaos.

I have spent the last nine years watching regulators stumble toward crypto. From the ICO mania of 2017 to the Terra collapse that shook Seoul in 2022, I have seen how well-intentioned policy can become a blunt instrument. Based on my audit experience with early DAO governance structures in 2018, I learned to distrust frameworks that treat people as passive subjects of law. Good regulation, like good smart contracts, must be covenantal—not merely imposed, but earned through trust. Korea is now at the precipice of writing that covenant.


Context: A Nation Still Healing from Terra

Let us step back. South Korea has been a crypto anomaly for years: extremely high retail participation, a strong domestic exchange ecosystem dominated by Upbit and Bithumb, and a regulatory environment that has oscillated between neglect and panic. The 2022 collapse of Terra—a project led by Korean-born Do Kwon—was a national trauma. Hundreds of thousands of local investors lost their savings. The government responded by freezing capital flows and pushing for swift legislation. But for two years, nothing concrete passed. The political system was gridlocked.

Now, in mid-2025, the logjam is breaking. Two parallel legislative tracks are moving: the tax reform and the comprehensive Digital Asset Basic Act. The first would eliminate the controversial 20% tax on crypto gains (plus a 2% local surtax) that was passed in 2021 but never enforced—just delayed twice. The second is a foundational law that would regulate everything from exchange licensing to stablecoin issuance. The FSC (Financial Services Commission) is expected to submit a formal draft later this year.

But here is the catch: the National Assembly holds the final vote. And with ten different bills on the table, the outcome is anything but certain. Some bills push for the strictest possible regime, mirroring Japan’s approach where only banks can issue stablecoins. Others, backed by opposition lawmakers like Song Eon-seok, advocate for a more open framework that allows non-bank issuers, provided they maintain 100% reserve backing. The political divide is not just ideological—it is existential for the industry’s future.


Core: The Three Fault Lines That Will Define Korean Crypto

After spending months auditing the hidden assumptions behind several of these proposals, I have identified three structural fault lines that will determine whether Korea becomes a global hub or a walled garden.

1. The Stablecoin Custody Debate: Banks or Anyone?

The most contentious issue is who can issue a Korean won-pegged stablecoin. The legacy financial system argues that only banks should have this right—citing consumer protection and systemic risk. But this logic is flawed. It conflates the operational role of custody with the regulatory role of prudential oversight. A 100% reserve-backed stablecoin is not a loan; it is a digital IOU that requires rigorous proof of reserves, not a banking license.

Code is the new covenant, but trust is the ink. A bank-run stablecoin might be safe, but it is also a closed garden. It extinguishes the possibility of permissionless innovation. My own experience designing a lending protocol during DeFi Summer taught me that centralizing the trust layer into a single institution undermines the very reason we build on blockchains: the ability to verify, without seeking permission. If Korea mandates bank-only stablecoins, it will effectively ban USDC, USDT, and any non-bank competitor from its market. That is a sovereignty choice, not a safety choice.

2. Exchange Ownership Caps: Breaking the Oligopoly

Another proposal caps the maximum stake any single entity can hold in a licensed crypto exchange. Currently, Upbit is owned by Dunamu, a private company with close ties to Kakao. Bithumb has had a revolving door of owners. The cap is intended to prevent monopolies and protect user assets. On the surface, this sounds like good governance. But in practice, it could cripple exchanges that rely on single large backers for capital and liquidity.

In the chaos of consensus, I seek the quiet truth. Ownership is not a receipt; it is a soul. An exchange is not just a matching engine. It is a custodian of user trust, a gateway to decentralized systems, and a market maker for thousands of tokens. Fragmenting its ownership might reduce concentration risk, but it also dilutes accountability. A cap could force Upbit to restructure its entire shareholder base, creating years of legal uncertainty. This will not protect consumers—it will drive liquidity to decentralized venues where no such caps exist.

3. Tax Abolition: A Political Maneuver or Genuine Signal?

The proposal to scrap the crypto income tax entirely is the most popular piece of the package with retail investors. The current threshold is 2.5 million won (about $1,700) per year, meaning only larger traders pay anything. Abolishing it would benefit the whales and institutions most. But is it a genuine effort to foster innovation? Or a political move to win young voters ahead of the 2026 elections?

Look at the timing. The opposition is pushing this aggressively now, while the ruling party is stalling. My reading is that the tax repeal will pass—it’s too popular to fail—but it will be bundled with the stricter stablecoin and exchange rules. The true test of Korea’s commitment to crypto will not be whether it taxes gains, but whether it allows non-bank actors to issue value, and whether exchanges can remain independent.


Contrarian: The Hidden Cost of Certainty

Most analysts celebrate clear regulation as an unqualified good. I am not so sure. During my three-month retreat in the Rockies after the 2022 crash, I learned that certainty often comes with a price: flexibility. The Digital Asset Basic Act, if passed in its strictest form, will create a highly predictable but highly controlled environment. It will protect consumers from obvious fraud, but it will also suffocate the very experiments that produce genuinely useful innovation.

Consider the unintended consequences. If stablecoin issuance is reserved for banks, we push all DeFi protocols in Korea toward foreign-currency stablecoins or volatile crypto collateral. If exchange ownership is capped, we force decentralized exchanges (DEXs) to become the safety valve—but DEXs in Korea currently have minimal regulatory clarity and may be outright banned. The result will be a two-tier market: a compliant, boring, bank-controlled sector, and a gray, unregulated sector that is harder to police. This is not integration; it is bifurcation.

Furthermore, the global context matters. While Korea debates, Hong Kong has already licensed several exchanges, Singapore has a robust payments framework, and the EU’s MiCA is live. The window for Korea to become a first-mover is closing. If it over-engineers its rules, it will find itself in the awkward position of having the most detailed regulation that nobody uses because all the talent has moved elsewhere.


Takeaway: Ink, Not Just Code

I have spent 22 years watching technology try to reshape society. The most successful transformations are not the ones with the most elegant code, but the ones that earn the trust of the people they serve. Korea’s legislators have a rare chance to write a covenant—a binding promise between innovators and citizens—rather than a mere set of prohibitions.

Trust is not given; it is engineered, then earned. The Digital Asset Basic Act can be that engineering. But it requires humility: the recognition that the blockchain’s power lies not in centralizing trust into a few bank vaults, but in distributing it across millions of nodes.

Will Korea choose the path of open, verifiable value, or the path of controlled, permissioned money? The answer will be written in the ink of its legislation. And the world will be watching.