Anti-manipulation Regime in Korea: a Critique and Comparative Exploration

Min-woo Kang

Anti-manipulation Regime in Korea: a Critique and Comparative Exploration

In: Anti-manipulation Regime in Korea: a Critique and Comparative Exploration

Author:

Min-woo Kang

Min-woo Kang Senior Fellow, Centre for Financial Law, Legal Research Institute of Korea University Seoul Korea

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https://orcid.org/0000-0001-9933-7508

Type:: Chapter

Pages:: 1–70

DOI:: https://doi.org/10.1163/9789004508392_002

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Abstract

Market manipulation is generally deemed an illicit activity that undermines market integrity and jeopardises investor interests, and is therefore prohibited in every jurisdiction. However, its lack of clarity of the legal standards hinders consistent and predictable law enforcement. Absent a principled approach to prohibitions, the Korean regime for market manipulation encounters this very problem. Furthermore, its two-tiered hierarchical system of law enforcement degrades the quality of regulatory performance. Additionally, the Korean law is silent on algorithmic and high-frequency trading activities that could have potentially manipulative effects on capital markets, leaving much responsibility on a self-regulatory organisation such as an exchange. This inquiry presents the analysis of these vexing issues by exploring the regulatory systems across major jurisdictions and their fits on the legal standards. In doing so, it argues the need for a revision of the anti-manipulation regime in Korea, offering some practical suggestions for improvement.

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Anti-manipulation Regime in Korea: a Critique and Comparative Exploration

Series: Brill Research Perspectives in International Law and Brill Research Perspectives in International Banking and Securities Law

E-Book ISBN:: 9789004508392

Publisher:: Brill

Print Publication Date:: 24 Jan 2025

Subjects
- International Law
  - Public International Law
  - International Commercial, Trade & Investment Law

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Anti-manipulation Regime in Korea: a Critique and Comparative Exploration

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Anti-manipulation Regime in Korea: a Critique and Comparative Exploration

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