[Korea Crypto Regulation Shift] The 2026 'Virtual Asset Industry Promotion Act': In-Depth Analysis of ICO Legalization After 9 Years and Issuer Registration Rules

Introduction

As of April 2026, the South Korean cryptocurrency market is undergoing a monumental regulatory paradigm shift. Following the implementation of the Phase 1 "Virtual Asset User Protection Act" in July 2024, the National Assembly is aggressively advancing the Phase 2 legislation, tentatively named the "Virtual Asset Industry Promotion Act" (or Digital Asset Basic Act). Most notably, this new framework will conditionally legalize domestic Initial Coin Offerings (ICOs) for the first time since their absolute ban in 2017. This momentous development, arriving after nine years of stringent prohibition, signals profound implications for the local blockchain ecosystem. This report provides an in-depth analysis of the upcoming ICO conditions, the new issuer registration system, and a strategic comparison with global regulatory standards like the EU's MiCA.

Legal Background

Historically, South Korea's approach to cryptocurrency regulation has been heavily skewed toward restricting speculation and protecting consumers. In 2017, citing concerns over rampant speculation and fraudulent projects, financial authorities issued a blanket ban on all forms of domestic ICOs. Consequently, a large number of promising domestic blockchain startups were forced to establish offshore entities in jurisdictions like Switzerland and Singapore to issue their tokens. This unnatural market structure led to capital outflows, jurisdictional disputes, and severe operational inefficiencies. However, with the successful rollout of the Phase 1 Act in 2024—which established foundational rules for user deposit protection and penalties for unfair trading practices—the government has pivoted toward fostering industry growth. The Phase 2 legislation currently under discussion moves away from outright bans, focusing instead on institutionalizing the token issuance process through transparent disclosure and strict liability frameworks.

Core Analysis

The cornerstone of the 2026 Virtual Asset Industry Promotion Act is the conditional legalization of ICOs coupled with a mandatory virtual asset issuer registration system. According to the Financial Services Commission (FSC) and legislative drafts, entities wishing to issue virtual assets must pre-submit their whitepapers to financial authorities for review. These whitepapers must meticulously detail the project's technological foundation, tokenomics, and associated risk factors. To combat fraudulent "scam coins," the law imposes zero-fault liability on token issuers, tech operators, and market makers (MMs) for any false information or omission of material facts in the whitepaper. Furthermore, rigorous new accounting and disclosure standards are being enforced. Token issuers are prohibited from arbitrarily recognizing revenue; funds raised from token sales can only be recognized as revenue after the issuer has fulfilled all performance obligations outlined in the whitepaper. Reserved tokens held internally cannot be classified as assets, and their quantities, as well as future usage plans, must be explicitly disclosed in the financial footnotes. The legislation also targets cryptocurrency exchanges. Policymakers are actively debating limits on exchange ownership, proposing caps that would restrict individual ownership to 20% and corporate ownership to 34%. This measure aims to prevent exchanges from operating as private treasuries and ensures they function as public-interest financial infrastructure.

Practical Guide

In light of these sweeping regulatory changes, market participants must take immediate and strategic action. First, conduct comprehensive whitepaper audits. Blockchain startups and existing token issuers must rigorously review their whitepapers. Because exaggerated roadmaps or unfeasible technical promises will now carry strict legal liabilities, companies should revise their documents to be highly conservative and entirely fact-based. Second, upgrade financial compliance and accounting transparency. Under the new accounting guidelines, the outdated practice of immediately booking token sale proceeds as revenue is strictly forbidden. Firms must work closely with external auditors to establish clear benchmarks for recognizing revenue based on the fulfillment of whitepaper obligations. Third, update VC due diligence processes. For venture capitalists (VCs) and institutional investors, the integration of token investments (such as Simple Agreements for Future Tokens, or SAFTs) into the formal financial system means that regulatory compliance must become the primary metric in investment evaluations.

Outlook & Implications

South Korea's Virtual Asset Industry Promotion Act aligns closely with global standards, most notably the European Union's Markets in Crypto-Assets (MiCA) regulation. Just as MiCA clearly defined authorization requirements for Crypto-Asset Service Providers (CASPs) and imposed stringent reserve obligations on stablecoin issuers, South Korea's Phase 2 law will elevate the standards for KRW-pegged stablecoins and exchange accountability to a global tier. However, there are lingering concerns that excessive licensing costs and high barriers to entry could stifle small to medium-sized innovative startups. Currently, the market is witnessing defensive positioning; institutional capital is gravitating toward assets with lower regulatory risk, keeping Bitcoin (BTC) dominance exceptionally high at around 57.1%. The valuation of altcoins and local projects is expected to face extreme polarization based on their ability to pass these new regulatory hurdles.

Conclusion

The year 2026 marks the dawn of a new era for the South Korean virtual asset market, shedding the "ICO ban" stigma after nine long years to evolve into a mature digital finance sector. While the Virtual Asset Industry Promotion Act demands rigorous compliance and investor protection measures, it concurrently offers boundless growth opportunities for projects that meet the legal criteria. It is imperative for all crypto investors, founders, and tax professionals to deeply understand these newly established legal boundaries and proactively build compliance frameworks to seize the upcoming market opportunities.