
Legal Q&A
Q
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Hello. I have something I would like to ask regarding virtual assets, so I am leaving an inquiry. In the case of virtual asset issuance, there is a structure in which they are created without a separate issuing entity, like Bitcoin, and there are also cases where a particular foundation or company issues them directly. I would like to know how the issuers of virtual assets are divided and who issues them.
virtual asset issuance
Answer
Published:
Author : Kuk Il KIM
Virtual asset issuance is not all handled by the same entity; rather, depending on the issuance structure, it is divided into a "type in which an issuing entity exists" and a "type created without an issuing entity."
In virtual asset issuance where there is an issuing entity, a method is used in which a particular foundation or company directly designs the token, determines the issuance volume, and issues it all at once.
For example, Ripple has a structure in which the Ripple foundation, as the issuing entity, creates the entire supply in advance and distributes and manages it.
On the other hand, where there is no issuing entity, they are created by the network participants without any central institution responsible for issuance.
Representatively, Bitcoin has a structure in which new coins are issued as a reward during the mining process and no particular entity controls the issuance.
Ultimately, virtual asset issuance needs to be understood by distinguishing it according to "whether it is a structure designed·distributed by a central entity, or a structure created through network participation," rather than "who issues it."
Such a structural difference operates as an important criterion not only for the method of distribution but also for determining whether regulation applies and who bears legal responsibility.
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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

YoungKon CHO
T. 070-7510-2014
Experience as Head of the Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/Sex Crimes/Drugs

SeukPil LIM
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Experience as Chief Prosecutor, Seoul Eastern District Prosecutors' Office · Attorney specializing in Sex Crimes, Drugs, Drunk-Driving/Traffic, and Criminal Law

HanSik CHOI
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