Article 17(Good cause for permitting blockage of deposit or withdrawal of virtual assets) #
“ Good cause prescribed by Presidential Decree” in Article 11(1) of the Act means any of the following cases:
1. Where a deposit or withdrawal of virtual assets for a user cannot be normally performed due to any of the following reasons:
a. Where a virtual asset information system (referring to an information system for virtual asset transactions and a network for issuing and managing virtual assets; hereinafter the same shall apply) is unavailable due to a system failure therein or due to maintenance or inspection thereof;
b. Where an information and communications network for virtual asset transactions is unavailable due to a system failure therein or due to maintenance or inspection thereof;
c. Where an information and communications network of an administering institution or a financial company, etc. that has opened real-name verified deposit and withdrawal accounts pursuant to Article 7(3)2 of the Act on Reporting and Using Specified Financial Transaction Information is unavailable due to a system failure therein or due to maintenance or inspection thereof;
d. Where a counterparty to a user’s virtual asset transaction is unable to normally process deposits or withdrawals of virtual assets due to a system failure or similar cause in the virtual asset information system used by such counterparty;
e. Where a virtual asset exchange proceeds with procedures for termination of transaction support for the relevant virtual asset (referring to no longer conducting acts of selling, purchasing, or exchanging a specific virtual asset or brokering, arranging, or acting as an intermediary for such sale or exchange; hereinafter the same shall apply) (limited to cases of blocking deposits of the relevant virtual asset);
f. Where a virtual asset service provider conducts substantive inspection work to reconcile the status of virtual assets it actually holds with those entrusted by users;
g. Where a virtual asset service provider proceeds with procedures for terminating its business under subparagraph 2 of Article 2 of the Act due to ex officio cancellation under Article 7(4), compliance with an order for suspension of business under Article 7(5), or closure of business under the Act on Reporting and Using Specified Financial Transaction Information (limited to cases of blocking deposits of virtual assets);
2. Where an accident under Article 12 has occurred or is clearly expected to occur with respect to any of the following persons, and there is an urgent need to block deposits or withdrawals of virtual assets for the protection of users and security:
a. A virtual asset service provider;
b. A person issuing virtual assets;
3. Where deposits or withdrawals of virtual assets are blocked pursuant to a request or order of an administrative agency under the Act, the National Tax Collection Act, the Act on Reporting and Using Specified Financial Transaction Information, or other relevant statutes or regulations;
4. Where it is necessary to block deposits or withdrawals of virtual assets to comply with relevant statutes, such as Articles 5, 5-2, 5-3, and 8 of the Act on Reporting and Using Specified Financial Transaction Information;
5. Where withdrawals of virtual assets are blocked under the terms and conditions of virtual asset transactions of a virtual asset service provider (hereinafter referred to as “virtual asset transaction terms and conditions”) that provide for the blocking of withdrawals of virtual assets for a period not exceeding 72 hours from the time such virtual assets are deposited, for the purpose of preventing telecommunications financial fraud under subparagraph 2 of Article 2 of the Special Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss and refunding losses to victims thereof;
6. Where, for the purpose of preventing criminal activities such as money laundering, there are reasonable grounds to suspect that a virtual asset transaction is related to illegal property, money laundering, or financing of public intimidation under subparagraphs 4 through 6 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, and deposits or withdrawals of virtual assets are blocked under the virtual asset transaction terms and conditions that provide for such blocking; in such cases, the period for blocking deposits or withdrawals of virtual assets shall be the minimum period necessary within the scope of 2 months; provided, if there are unavoidable grounds, such period may be extended up to twice;
7. Other cases where blocking deposits or withdrawals of virtual assets is necessary for the protection of users and the establishment of a transparent and sound trading order in the virtual asset market, as determined and publicly notified by the Financial Services Commission.