Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

Under the Virtual Asset User Protection Act, if there is hacking damage, does the exchange compensate?

Legal IntellectualViews4,984

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

A

Answer to Related Inquiry

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.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney YoungKon CHO

YoungKon CHO

T. 070-7510-2014

Experience as Head of the Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/Sex Crimes/Drugs

Attorney SeukPil LIM

SeukPil LIM

T. 070-7510-2014

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

Attorney Cheol Kim

Cheol Kim

T. 070-5117-3709

Chief Prosecutor at the Busan District Prosecutors' Office Experience as Chief Prosecutor at the Gwangju District Prosecutors' Office

Attorney HanSik CHOI

HanSik CHOI

T. 070-5221-2387

Attorney with experience as a corporate executive · Attorney specializing in fair trade law

Attorney DaeSu KIM

DaeSu KIM

T. 070-5221-2387

Legal advisory for administrative agencies such as Busan City · Attorney Specializing in Administrative/Accounting Supervision/Finance/Corporate Law

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat