To register as electronic financial service providers in order to provide electronic prepayment means and PG services, which are especially relevant to FinTech, one must qualify as a company or other qualified entity under the Commercial Act of Korea and meet the minimum capital requirements (KRW 2 billion, or approximately USD 1,467,906, for electronic prepayment means service providers; KRW 1 billion, or approximately USD 733,953, for PGs), personnel requirements, IT equipment requirements, financial soundness requirements, as well as certain requirements applicable to major investors in the relevant financial service provider.
Additional comments regarding the legal situation for payment services or what FinTech’s must be aware of in this business area
The amendment to the Electronic Financial Transactions Act (EFTA), which took effect on September 15, 2024, introduced several key reforms aimed at addressing regulatory blind spots in the electronic prepayment means sector and enhancing user protection.
First, the definition of electronic prepayment means was revised to expand the regulatory scope of businesses subject to supervision. Previously, such instruments were only regulated if they were usable across two or more industries. Under the amended definition, however, even instruments usable within a single industry are now covered, so long as they serve a payment function. Moreover, instruments used exclusively within corporate groups (e.g., between parent and subsidiary companies) are also now regarded as electronic prepayment means. In line with this expansion, grounds for exemption from registration as a prepayment means issuer have been narrowed, making it more difficult for issuers to avoid registration requirements.
In addition, new compliance obligations have been imposed to strengthen user protection. These include a requirement that prepaid funds must be fully segregated and managed in a form prescribed by law (i.e., via trust accounts or insurance policies), thereby reinforcing the safety of customer funds.
With respect to payment gateway (PG) services, the amended EFTA also includes ongoing discussions around clarifying the definition of PG services, and strengthening regulatory obligations regarding settlement fund protection and user safeguards.
In light of these regulatory changes, FinTech companies operating in the payment services space—particularly those involved in issuance of prepayment means or PG services—must proactively review their business models and internal compliance systems to ensure full alignment with the new legal framework.
Economic conditions
Market size for payment services and biggest payment service providers