Key Takeaways
Police booked Polymarket customers months earlier than Korea ordered the platform blocked.They recognized particular person merchants by analyzing public blockchain transaction information.Eighteen of 26 folks booked have been referred to prosecutors over suspected playing.
The Nature of Predictions Stays Contentious
The Gangwon Provincial Police Company’s cyber investigation unit opened a preliminary inquiry in March and commenced reserving suspects in Could. Korea’s broadcasting and communications requirements physique didn’t order home entry to Polymarket blocked till Aug. 18. No person on this case is accused of circumventing that block: the conduct beneath investigation befell whereas the platform was brazenly reachable. As a substitute, they’re straightforwardly charged with playing.
As of Sept. 15, police had booked 26 folks and referred 18 to prosecutors, based on Nationwide Police Company supplies first reported by Asia Enterprise Every day. These booked staked a mixed $12.7 million (KRW 17.6 billion), with the most important single dealer accounting for $4.1 million (KRW 5.7 billion). The investigation is constant, and Kangwon Ilbo reported that each the quantity referred and the transaction totals might develop.
The way in which police tracked down its suspects has penalties past Korea. Polymarket runs as a non-custodial peer-to-peer market with computerized settlement, and held no real-name roster of Korean customers. Police stated acquiring a consumer checklist from the operator was due to this fact unrealistic, however that blockchain transaction information are public, so they may establish and monitor particular person customers by means of open-source intelligence evaluation of the chain itself, as Digital Asset reported.
The cost is unlawful playing beneath Article 246 of Korea’s Legal Act. Supreme Courtroom precedent holds that playing might be established even the place a participant’s personal ability influences the end result, supplied likelihood additionally intervenes to any diploma. Police didn’t establish the case, however that formulation matches a 2008 judgment through which 4 males have been convicted of recurring playing for enjoying golf for cash, with the court docket discovering that nonetheless a lot ability golf calls for, no participant can predict a gap with certainty or management the place the ball involves relaxation. Resemblance to derivatives funding, police stated, and the absence of particular regulatory steering don’t by themselves exclude the playing provision.
That is the primary argument throughout the globe in the case of deciding what a prediction market is, and the way its merchandise must be categorised. The professional-market argument is that customers analyze political, financial, and social data to cost the probability of an occasion, commerce contracts on an order e-book, and may promote a place earlier than decision to lock in a revenue or loss, contending this makes it a crypto-based derivatives market slightly than a guess. It’s a model of the identical classification battle operating by means of Europe, the place ESMA concluded the EU retail ban already covers many prediction markets.
Kim Tae-rim, an legal professional at AXIS Legislation, informed Asia Enterprise Every day the formal components of the offence might be glad (crypto was staked, a chance-element was current) and that Korea’s persona precept makes home felony legislation tough to flee. The decisive query, he stated, is how a court docket assesses the structural distinction of order-book contracts that may be liquidated earlier than expiry.
When the block was ordered in August by the nationwide broadcasting and communications requirements physique, the requirements physique cited a winner-take-all payoff construction on occasions customers can not management. Polymarket responded that it provides no Korean-language service, accepts no funds made in gained, and can’t be handled because the operator of a playing venue as a result of it by no means holds consumer funds, however these arguments have been rejected by the authorities.
Polymarket has been blocked or pursued in a widening checklist of jurisdictions, primarily in Europe: Czechia ordered a 15-day ISP shutdown in July, Romania’s ban held up in court docket in April, and the Dutch regulator imposed a €487,000 penalty in June. Korea’s method of focusing on gamers is novel however isn’t with out precedent: Tokyo police referred ten clients of abroad on-line casinos who gambled with crypto in November 2024, a part of a sweep through which 24 prefectural forces caught 57 of roughly 130 recognized gamers. The stakes and the product right here make it a really completely different proposition.







