New Rules on Asset Seizure
South Korea’s Supreme Court has announced a sweeping update to its civil enforcement regulations, establishing clear legal procedures for seizing, freezing and liquidating virtual assets like bitcoin during civil litigation. According to a report, the amendments aim to unify enforcement protocols across all court levels and curb the growing trend of debtors siphoning off cryptocurrency assets to evade court judgments.
Under the new rules, compulsory execution against a debtor’s virtual currency will officially begin with a court-issued attachment order. The order bars the debtor from disposing of the assets and requires that they be transferred directly to a court enforcement officer. The attachment takes effect the moment the officer receives the assets into custody.
The amendment also outlines specific methods for converting seized digital currencies into cash. Creditors can apply for a court-ordered “transfer order,” which awards the assets directly to the creditor at a court-determined valuation, or a “sale order.” If a sale order is issued, a bailiff can transfer the cryptocurrency into a dedicated account at a certified virtual asset service provider to liquidate it, or entrust the provider with the sale directly.
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