According to Jin Yu Cheng, a professor at Yonsei University Law School in South Korea, there needs to be a thorough examination of whether trading virtual asset futures should be considered a gambling crime. This proposal is related to the fact that South Korean financial authorities have not classified virtual assets as financial products. According to Article 10, Section 2 of the Korean Capital Markets Act, financial investment business operators engaged in financial investment business are not subject to Article 246 of the Criminal Code, which means that licensed financial investment business operators engaged in financial investment business are not subject to gambling crimes. On the other hand, with regard to South Korean virtual assets, since they are not financial products, exceptions cannot be applied.
The professor stated that the Supreme Court of Korea has previously recognized the crime of operating a gambling site for virtual futures investment websites and the crime of instigating the operation of a gambling site. The professor emphasized that unless there are special circumstances, there may be a problem with whether forward trading should be considered a gambling crime. The professor also added that it is necessary to establish gambling standards related to virtual asset trading.
All Comments