South Korea has established procedures for courts to seize and sell debtors' cryptocurrency to satisfy civil claims.
On Oct. 12, the Supreme Court promulgated Rule 3280, introducing standardized procedures for freezing, transferring, and liquidating digital assets to recover unpaid debts. The regulations take effect on Nov. 1 and cover cryptocurrencies held on exchanges and in private wallets.
One provision allows court officers to take possession of directly held crypto before debtors receive formal notice of an attachment order, potentially limiting opportunities to move assets beyond creditors' reach.
The changes come as cryptocurrency holdings increasingly feature in South Korean debt-recovery proceedings, prompting authorities to establish consistent procedures for assets that can be transferred rapidly without relying on traditional financial intermediaries.
Under the framework, creditors seeking repayment from cryptocurrency held on exchanges can obtain court orders attaching a debtor's right to receive those assets.
Once an attachment order is served, the exchange or other custodian must prevent the transfer of covered assets to the debtor, who is also prohibited from disposing of the claim or receiving the cryptocurrency.
Creditors can also ask courts to compel custodians to disclose information about the targeted holdings within one week of receiving the order.
The required information includes whether the custodian recognizes the debtor's claim, the type and quantity of cryptocurrencies held, and whether other creditors have existing claims or priority rights over the assets.
The disclosure obligation applies when creditors seek it through the prescribed court procedure, giving them a means to identify assets available for repayment and potential competing claims.
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