Where the service provider manages investment assets by making investment decisions (partially or wholly) on behalf of clients, such services will qualify as a discretionary investment business, and such service provider will have to register and meet the requirements described in Section b above. We note that the applicable minimum capital requirement is higher than that of an investment advisory business. In the past, mobile discretionary investment businesses were required to maintain a minimum capital of KRW 4 billion, but this requirement was replaced in 2019 with the lower KRW 1.5 requirement applicable to other discretionary investment service providers in an effort to promote robo-advisors.
In sum, to operate a robo-advisor service or automatic trading system, the service provider will have to register as either a discretionary investment business or investment advisory business depending on whether the investor makes its own investment decisions directly. For reference, Fint, one of Korea's leading robo-advisor companies, conducts its business under a discretionary investment structure, taking care of the entire investment process, from deposits and withdrawals to the composition and management of global ETF portfolios tailored to the customers' investment preferences. In contrast, AIM operates under an investment advisory model, providing a customized asset portfolio and advice from investment experts when customers input their financial situation and asset management goals.
Lastly, if one provides advice concerning investment judgments with respect to financial investment instruments or the value of financial investment instruments using periodicals published to be viewed by an unspecified number of people, email, etc., one will be considered as engaging in a 'quasi-investment advisory business'. In this case, one must file disclose that it is engaging in such business by filing a report with the FSC.
Additional comments regarding the legal situation for financial advisory and broking services, or adjacent services or what FinTech’s must be aware of in this business area
Those authorized to provide investment advisory services, discretionary investment services or quasi-investment advisory services are subject to certain business conduct regulations under the FISCMA.
Furthermore, because the financial authorities interpret the provision of information on financial products and product comparisons or recommendations as brokerage (as mentioned in Section 1.c.i. above), in order for a platform to broker financial investment products such as funds, it must be registered as an 'investment solicitor' under the FISCMA. However, only individuals can register as investment solicitors. Registration as an insurance agency is also required to broker insurance products, but electronic financial service providers (as defined in Section 1.a.) cannot register as insurance agencies under the Enforcement Decree of the Insurance Business Act. In light of these restrictions, the provision of online/mobile financial advisory services is rather limited under the current system. However, some platform operators have been able to provide product comparison and recommendation services for funds and insurance products by obtaining designation as Innovative Financial Services under Korea’s regulatory sandbox regime.