디지털자산 산업 확장과 자금세탁방지 제도 개선 방향

The digital asset industry has rapidly expanded on the basis of decentralization and technological innovation, yet it inherently entails structural risks of being exploited for the concealment of criminal proceeds and money laundering. In particular, recent policy discussions on permitting corporate participation in digital asset trading and introducing stablecoins, while aimed at activating the digital asset ecosystem, may amplify new risks such as money laundering, tax evasion, illegal foreign exchange transactions, and the circumvention of international sanctions. These developments call for a reassessment of the effectiveness of the existing anti–money laundering (AML) framework. In Korea, amendments to the Act on Reporting and Using Specified Financial Transaction Information in 2020 introduced an AML regime for digital assets, followed by the enactment of the Act on the Protection of Virtual Asset Users in 2023 to enhance investor protection and market integrity. Nevertheless, regulatory blind spots persist, including private wallets, decentralized exchanges, and overseas unregistered platforms, and the current AML framework centered on the Specified Financial Information Act remains insufficient to adequately address the risks arising from the expansion of corporate trading and the proliferation of stablecoins. This paper analyzes the structural reasons why digital assets are utilized as tools for money laundering and examines typical money laundering processes involving digital assets. It further explores the money laundering risks associated with corporate digital asset trading and stablecoin issuance. Based on this analysis, the paper identifies the limitations of the current AML regime and proposes institutional improvement measures that seek to balance the sustainable development of the digital asset industry with the effective suppression of illicit activities. These measures include imposing limits on the number of corporate digital asset trading accounts, strengthening wallet address whitelisting mechanisms, regulating stablecoins as means of payment under foreign exchange law, and actively applying criminal sanctions, confiscation, and forfeiture under anti–proceeds of crime legislation. The paper argues that the refinement and strengthening of AML regulation is a necessary precondition for digital assets to overcome their association with illicit activities and to become an integral component of the financial system, and aims to provide policy implications for future digital asset legislation and regulatory reform.