Practice Areas
Our People
News & Resources
Book Consultation

Q
Views4,840
I feel anxious after seeing cases in which virtual assets are leaked due to hacking of an exchange. I heard that the Virtual Asset User Protection Act has taken effect, and in such a case, I am curious whether the exchange must necessarily compensate for the loss. I would like to know to what extent liability is actually recognized.
Virtual Asset User Protection Act
Answer
Published:
Author : Kuk Il KIM
The Virtual Asset User Protection Act is a law that provides that, when a user's assets are leaked due to hacking or the like, if the exchange's management responsibility is recognized, liability for damages may arise.
However, compensation is not made automatically in every case.
Under the Virtual Asset User Protection Act, the determination of liability is made according to the following criteria.
First, whether the duty of custody and management was violated.
An exchange has a duty to safely keep users' virtual assets, and it must separately store more than a certain proportion in a cold wallet.
When hacking damage occurs because these measures were not properly implemented, there is a high possibility that the exchange's negligence will be recognized.
Second, the level at which the security system is established.
In light of the purpose of the Virtual Asset User Protection Act, an exchange must have a security framework at a reasonable level.
When the basic security measures are insufficient or internal management is poor, liability may be expanded.
Third, whether there was user negligence.
When a user leaks account information or neglects security management, liability may be partially limited.
For example, sharing a password or using a phishing site may be judged as negligence.
The Virtual Asset User Protection Act is not a structure of "occurrence of hacking damage = automatic compensation," but a structure in which liability for compensation arises only when the exchange's management responsibility is recognized.
The scope of liability is determined based on ① whether the cause of the hacking is the exchange's security problem② whether user negligence was involved.
Therefore, when damage occurs, rather than judging whether compensation is due, it is necessary to conduct a legal review centering on the cause of the incident and whether the duty of management was violated.
Daeryun, a law firm ranked ninth in Korea based on the '25 value-added tax filings with the National Tax Service, helps to prevent legal problems in advance through prior legal advice.

Digital Finance 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0