South Korea’s Top Court Rules Exchange-Held Bitcoin Can Be Seized

The December 11, 2025 ruling marks the first time the country’s highest court has explicitly confirmed that digital assets held on platforms like Upbit and Bithumb qualify as seizable property under criminal law.

The case involved 55.6 Bitcoin worth approximately 600 million won ($413,000) that police seized from an exchange account during a money laundering investigation. The suspect, identified only as “Mr. A,” challenged the seizure, arguing that Bitcoin held in exchange accounts cannot be confiscated because it is not a physical object under traditional law.

Court Establishes Bitcoin as Seizable Electronic Property

The Supreme Court rejected this argument, ruling that seizure targets under the Criminal Procedure Act include both tangible objects and electronic information. The court stated that Bitcoin qualifies as “an electronic token with the ability to be independently managed, traded, and substantially controlled in terms of economic value.”

According to the court’s reasoning, Bitcoin holders maintain practical control over their assets through private keys stored in electronic wallets, even when those assets are held on exchanges. This control establishes sufficient grounds to meet seizure requirements under existing criminal law.

Source: scourt.go.kr

The decision builds on previous Supreme Court rulings. In 2018, the court recognized Bitcoin as intangible property with economic value that can be confiscated if obtained through criminal activity. In 2021, judges clarified that Bitcoin constitutes a property interest under criminal law. However, this latest ruling specifically addresses exchange-custodied crypto, providing clear legal precedent for future cases.

Major Impact on South Korean Crypto Market

The ruling has significant implications for South Korea’s massive cryptocurrency market. Over 16 million South Koreans—roughly one-third of the country’s population—hold crypto accounts at major domestic exchanges.

South Korean exchanges Upbit and Bithumb collectively hold more than $33 billion in various cryptocurrencies. Upbit alone reported 13.26 million cumulative members as of December 2025, with $180.7 billion in trading volume during the fourth quarter of 2025. These platforms now face clearer obligations to comply with seizure orders from law enforcement.

Under the ruling, prosecutors and police can request that exchanges freeze and transfer cryptocurrency tied to suspected crimes, including fraud, money laundering, tax evasion, and bribery. As regulated entities, exchanges must comply with these requests when supported by proper legal procedures.

Broader Regulatory Crackdown Takes Shape

The Supreme Court decision arrives alongside other significant enforcement developments. The Financial Services Commission is reviewing a proposal to allow pre-emptive freezes of crypto accounts suspected of market manipulation. This “payment freeze” system would mirror controls already used in South Korea’s stock market, where authorities can block withdrawals before formal court orders.

The proposed mechanism addresses a key enforcement challenge. Current rules require court warrants during prosecution, creating delays that allow suspects to move funds into private wallets or overseas platforms beyond regulatory reach. Officials noted that more than 36,000 suspicious transaction reports were filed in the first eight months of 2025 alone, with nearly 90% linked to illegal foreign remittance schemes.

Amendments to the Capital Markets Act that took effect in April 2025 introduced the ability to suspend payments on accounts suspected of unfair trading or illegal short selling. During a November 2025 meeting, FSC members discussed extending similar measures to crypto markets.

Phase 2 Digital Asset Legislation Moving Forward

South Korea is simultaneously advancing initiatives to legitimize crypto markets through its 2026 Economic Growth Strategy. The government plans to finalize “Phase 2” digital asset legislation in early 2026, focusing primarily on stablecoin regulation.

The proposed framework will require stablecoin issuers to obtain government authorization, maintain 100% reserve backing equal to issued tokens, and guarantee users’ redemption rights. These requirements aim to prevent failures like the 2022 Terra-Luna collapse that erased approximately $40 billion in value. South Korea has also delayed implementing its cryptocurrency tax until 2027 as regulators continue refining the broader digital asset framework.

The government also announced plans to approve spot Bitcoin exchange-traded funds (ETFs) in 2026, reversing previous restrictions that blocked domestic investors from accessing such products. The move follows successful launches of spot Bitcoin ETFs in the United States and Hong Kong.

Additionally, South Korea plans to integrate blockchain directly into fiscal operations. By 2030, up to 25% of national treasury disbursements are expected to use deposit tokens backed by commercial bank deposits. A pilot program will begin in the first half of 2026.

Global Alignment on Crypto Seizure Powers

South Korea’s approach now aligns more closely with practices in the United States and European Union, where authorities already use seizure and forfeiture tools to take control of Bitcoin and other crypto held with centralized intermediaries in criminal cases. The United Kingdom passed the Property Act in December 2025, formally recognizing digital assets as a third category of personal property.

Legal experts say the ruling clarifies the legal nature of coins stored and traded on virtual asset exchanges and will help resolve practical controversies during investigations. The precedent strengthens law enforcement capabilities while potentially encouraging some users to shift toward self-custody solutions in private wallets to reduce exposure to enforcement actions.

The decision also closes a long-standing gray area in South Korea’s crypto regulations by confirming that digital assets held on exchanges fall within the scope of existing seizure laws. For compliant users and platforms, this legal clarity could strengthen confidence in regulated exchanges while discouraging illicit activity.

A New Chapter for Digital Asset Law

South Korea’s Supreme Court has established clear legal ground rules for how cryptocurrency is treated under criminal law. The ruling that exchange-held Bitcoin can be seized marks a significant step in the country’s evolving approach to digital asset regulation. With over $33 billion in crypto holdings on major exchanges and millions of active users, the decision provides crucial legal certainty for both law enforcement and the cryptocurrency industry. As South Korea prepares to implement comprehensive stablecoin regulations and approve Bitcoin ETFs in 2026, this ruling forms a cornerstone of the country’s broader strategy to balance innovation with financial security and investor protection.