The Framework Act on Artificial Intelligence of the Republic of Korea took effect on January 22, 2026, and was enacted with the purpose of contributing to the protection of the rights and dignity of citizens, improving their quality of life, and simultaneously enhancing national competitiveness by stipulating the necessary measures to promote the healthy development of artificial intelligence and the establishment of a trustworthy platform.
The Framework Act on Artificial Intelligence of the Republic of Korea comprises 43 articles divided into 6 chapters and 1 appendix, including: Chapter 1 “General Provisions” (Articles 1 to 5); Chapter 2 “System to Promote the Healthy Development of Artificial Intelligence and the Establishment of a Trustworthy Platform” (Articles 6 to 12); Chapter 3 “Development of Artificial Intelligence Technology and Nurturing of the Industry” (Articles 13 to 26); Chapter 4 “Ethics of Artificial Intelligence and Assurance of Trustworthiness” (Articles 27 to 36); Chapter 5 “Supplementary Provisions” (Articles 37 to 41); Chapter 6 “Forms of Sanctions” (Articles 42 and 43).
1. Basic Terms Defined in the Act
The Framework Act on Artificial Intelligence of the Republic Korea defines 11 fundamental terms, which are explained in detail in Article 2 of the Act.
Specifically, “Artificial Intelligence” is defined as the recreation of human intellectual capacities such as learning, reasoning, perception, judgment, and language comprehension through electronic methods. “Artificial Intelligence System” refers to a system based on artificial intelligence that possesses varying levels of autonomy and adaptability, capable of reasoning to produce outputs such as predictions, suggestions, or decisions in order to achieve predetermined objectives and influence both real and virtual environments.
“Artificial Intelligence Technology” is the hardware, software, or applied technology necessary to realize artificial intelligence. “Generative Artificial Intelligence” is an artificial intelligence system that generates outputs such as text, sound, images, or videos by simulating the structure and characteristics of input data.
“The artificial intelligence industry” is the sector engaged in developing, manufacturing, and distributing products that utilize artificial intelligence or related technologies (referred to as “artificial intelligence products”), or providing related services (referred to as “artificial intelligence services”).
The Act also defines “high-impact artificial intelligence” as an artificial intelligence system capable of causing serious effects or posing risks to life, bodily safety, and fundamental human rights, used in one of the following areas:
(a) Energy supply;
(b) Drinking water production processes;
(c) Provision and operation of systems utilizing healthcare services;
(d) Development and use of medical devices and digital medical equipment;
(e) Management and safe operation of nuclear materials;Analysis and use of biometric information (including facial features, fingerprints, iris, palm vein – physiological or behavioral characteristics capable of identifying individuals) for criminal investigation or apprehension of offenders;
(g) Evaluations or judgments that have a significant impact on personal rights and obligations, such as recruitment or credit assessment;
(h) Operation and functioning of transportation vehicles, transportation infrastructure, and traffic systems;
(i) Decisions of state agencies, local governments, and public organizations regarding certification and collection of fees necessary for providing public services affecting citizens;
(j) Student assessment in early childhood, primary, and lower secondary education;
(k) Other areas that have serious impacts on human life, bodily safety, and fundamental human rights.
Under the provisions of the aforementioned Act, an “Artificial Intelligence Business Entity” refers to a legal entity, organization, individual, or state agency engaged in any of the following activities:
(a) AI Developer: An organization or individual that develops and provides artificial intelligence;
(b) AI User: An organization or individual that uses artificial intelligence provided by an entity described in point (a) to deliver AI products or services. A “User” is the recipient of AI products or services. An “Affected Person” is an individual whose life, bodily safety, or fundamental rights are seriously impacted by an AI product or service. “AI Society” refers to a society that creates value and promotes development across all sectors such as industry, economy, society, culture, and administration through artificial intelligence. “AI Ethics” refers to the ethical standards that members of society must adhere to in all fields of AI development, provision, and use, in order to build a safe and trustworthy AI society, safeguarding the rights, life, and property of citizens while respecting human dignity.
2. Fundamental Principles of AI Development and Responsibilities of Relevant Entities
Artificial intelligence technology and the AI industry must be developed in a manner that enhances safety and reliability, thereby improving citizens’ quality of life.
Affected Persons must be provided with clear and meaningful explanations, within technical and reasonable limits, regarding the main criteria and principles used to generate the AI’s final outcomes.
The State and local governments must respect the spirit of innovation of AI business entities and endeavor to create a safe environment for AI use; they must also formulate policies to help all citizens adapt stably to the changes brought about by AI across all areas, including social, economic, cultural, and everyday life.
3. Artificial Intelligence Development Promotion System
3.1. Formulation of the Basic Plan on Artificial Intelligence
The Minister of Science and Technology, Information and Communications, after obtaining the opinions of the heads of relevant central administrative agencies and local governments, shall formulate, amend, and implement the Basic Plan on Artificial Intelligence (hereinafter referred to as the “Basic Plan”) once every three years, with the purpose of promoting artificial intelligence technology and industry and enhancing national competitiveness, after review and approval by the National Artificial Intelligence Council. However, in the case of minor modifications to the Basic Plan, this procedure is not required.
The Basic Plan must include the following contents: (1) Basic directions and strategies of policies related to artificial intelligence, etc.; (2) Training of specialized human resources and establishment of a foundation to promote the development and application of artificial intelligence for the systematic development of the AI industry; (3) Legal, institutional, and cultural frameworks to realize a healthy AI society, such as the dissemination of AI ethics; (4) Ensuring financial resources and investment directions for the development of AI technology and promotion of the AI industry; (5) Establishing a trust framework, including ensuring fairness, transparency, accountability, and safety of artificial intelligence; (6) Directions for the development of AI technology and responses to changes in social sectors such as education, labor, economy, and culture; (7) Other contents deemed necessary by the Minister of Science, Technology, and Information and Communications to promote AI technology and industry and strengthen international cooperation. The Minister of Science and Technology, Information and Communications may request the heads of relevant central administrative agencies, local governments, and public institutions to provide documents necessary for the formulation of the Basic Plan.
3.2. National Artificial Intelligence Committee
To appraise and decide on major policies for promoting artificial intelligence development and establishing a trust framework, the National Artificial Intelligence Committee (hereinafter referred to as the “Committee”) is established under the President. The Committee shall consist of up to 45 members, including 1 Chairperson and 1 Vice Chairperson. The Chairperson of the Committee is the President, while the Vice Chairperson is designated by the President. The members of the Committee include: (1) Heads of relevant central administrative agencies; (2) Deputy Director in charge of artificial intelligence-related affairs at the National Security Office; (3) Chief of Staff responsible for artificial intelligence-related affairs at the Presidential Office; (4) Individuals with specialized knowledge and extensive experience in artificial intelligence, appointed by the President.
The Committee shall have the responsibility to appraise and decide on the following matters: (1) The establishment, amendment, and review, as well as analysis of the implementation of the Basic Plan; (2) Policies related to artificial intelligence, etc.; (3) The development of research and development strategies related to artificial intelligence, etc.; (4) The development of investment strategies related to artificial intelligence, etc.; (5) The identification and improvement of regulations that hinder the development and competitiveness of the artificial intelligence industry; (6) Plans for expanding infrastructure, such as artificial intelligence data centers; promotion of artificial intelligence applications in industrial sectors such as manufacturing and services, as well as in the public sector; (7)International cooperation on artificial intelligence, including the development of international norms related to AI; (8) Recommendations or expression of opinions; (9) Regulations related to high-impact artificial intelligence; (10) Social changes related to high-impact artificial intelligence and response policies; (11) Matters prescribed by this Act or other laws as falling under the Committee’s appraisal authority; (12) Other matters deemed necessary by the Chairperson of the Committee and submitted for discussion at Committee meetings. The Committee may issue recommendations or express opinions to the heads of relevant state agencies and AI business entities regarding the proper use of artificial intelligence, the practice of AI ethics, and the assurance of safety and reliability of AI technologies.
The Committee may establish subcommittees for specific professional fields if necessary to carry out its duties effectively. The Committee may also establish special committees when discussions are required on specific issues related to artificial intelligence, etc. Additionally, the Committee may establish an advisory board composed of relevant experts to conduct in-depth evaluations on matters concerning artificial intelligence, etc.
3.3. Artificial Intelligence Policy Center
The Minister of Science and Technology and Information and Communications may designate an Artificial Intelligence Policy Center (hereinafter referred to as the “Center”) to comprehensively carry out tasks related to AI policy development and the establishment and dissemination of international norms. The Center shall perform the following activities: (1) Provide necessary technical expertise for the development and implementation of the Basic Plan; (2) Provide technical expertise to support policy development related to artificial intelligence and plan and implement relevant projects; (3) Investigate and analyze the impact of the expanded use of artificial intelligence on society, economy, culture, and citizens’ daily lives; (4) Analyze trends, forecast social and cultural changes, and conduct research on laws and institutions to support the development of AI policies and AI technologies; (5) Implement projects assigned or specified as the responsibility of the Center under other applicable lawsCarry out projects assigned by heads of relevant state agencies.
3.4. Institute for Artificial Intelligence Safety
The Minister of Science and Technology and Information and Communications may establish the Institute for Artificial Intelligence Safety (hereinafter referred to as the “Safety Institute”) to carry out tasks in a specialized and effective manner to ensure AI safety—namely, protecting citizens’ lives, bodies, and property from potential risks related to artificial intelligence, while maintaining the trust infrastructure of an AI society.
The Institute shall perform the following activities: (1) Define and analyze risks related to AI safety; (2) Conduct policy research related to AI safety; (3) Study standards and methods for assessing AI safetyConduct research on AI safety technologies and standardization; (5) Facilitate international exchange and cooperation related to AI safety; (6) Support the safe operation of AI systems.. The government may provide funding or budgetary support for the operation of the Safety Institute and the implementation of its activities.
4. Development of Artificial Intelligence Technology and Nurturing the Industry
4.1. Establishing the AI Industry Foundation
The government may support the following projects to promote the development of artificial intelligence (AI) technology: (1) Investigating trends, AI technology levels domestically and abroad, and relevant regimes; (2) Researching, developing, testing, and evaluating AI technology or the application of already developed technology; (3) Supporting the dissemination of AI technology, cooperation and technology transfer, commercialization, and practical implementation of technology; (4) Promoting the circulation of information to realize AI technology and cooperation between academia and enterprises.
The government may support the following projects to ensure the safe and convenient use of AI technology: (1) Research and development projects to realize the contents of Article 60(1) of the Framework Act on Intelligent Information through artificial intelligence technology; (2) Supporting technology research to implement emergency stop functions in artificial intelligence products or services, and projects promoting such technology; (3) Researching, developing, and disseminating appropriate design standards and technology to protect privacy; (4) Researching and developing the implementation and application of social impact assessment; (5) Researching, developing, and disseminating standards and technology to ensure that artificial intelligence is developed and used in a manner that respects human dignity and fundamental human rights; (6) Organizing education and dissemination activities to raise awareness, promote proper usage methods, and create a safe environment for the development and use of artificial intelligence; (7) Other necessary projects to protect the fundamental rights, bodily safety, and property of citizens in the development and use of artificial intelligence. The Government must publicly disclose and disseminate the results of the aforementioned projects for easy public access; if necessary, to protect technology developers, it may stipulate protection periods, charge fees for technology use, or apply other protective measures.
The Government may promote the following projects to standardize artificial intelligence technology, training data, and elements related to the safety and reliability of artificial intelligence: (1)Issuing, amending, repealing, and disseminating standards related to artificial intelligence technology; (2) Investigating, researching, and developing national and international standards related to artificial intelligence technology; (3) Other projects related to the standardization of artificial intelligence technology.
The Government may announce standards and encourage relevant business entities to comply. It may support standardization projects conducted by the private sector. The Government must maintain and strengthen cooperation with international standardization organizations related to artificial intelligence technology standards.
The Minister of Science and Technology, Information and Communications, after consulting the heads of relevant central administrative agencies, must promote necessary policies to encourage the production, collection, management, distribution, and use of data for the development and application of artificial intelligence (hereinafter referred to as “training data”). The Government may select eligible projects for support and provide budgets within feasible limits to promote the effectiveness of policies related to training data. The Government may implement projects to produce and provide diverse training data to promote the production, collection, management, distribution, and use of training data (hereinafter referred to as “training data development projects”). The Minister of Science and Technology and the Minister of Information and Communications must establish and operate an integrated provision system (hereinafter referred to as the “integrated provision system”) to centrally provide and manage training data while making it freely available to the private sector. The Minister may charge fees to users of the integrated provision system.
4.2. Development of Artificial Intelligence Technology and Promotion of the Artificial Intelligence Industry
The State and local authorities may, when necessary, implement the following forms of support in order to promote the adoption and expansion of artificial intelligence technology in enterprises and public agencies: (1) Support for the development of artificial intelligence technologies, products, or services, as well as for the dissemination of research and development outcomes; (2) Advisory support for enterprises and public agencies seeking to adopt and utilize artificial intelligence technologies; (3) Training support for the personnel of small and medium-sized enterprises and start-ups in relation to the adoption and utilization of artificial intelligence technologies; (4) Financial support for the adoption and utilization of artificial intelligence technologies in small and medium-sized enterprises, etc.
When implementing support policies related to artificial intelligence technology and the artificial intelligence industry under this Law, priority shall be given to small and medium-sized enterprises (SMEs). The Government shall make efforts to promote the participation of SMEs in the artificial intelligence industry and reflect the relevant contents in the Basic Plan. The Minister of Science, Technology and Information and Communications may provide support to SMEs, etc., in carrying out the required measures and in conducting impact assessments to ensure the safety and reliability of artificial intelligence.
The Government may implement the following projects in order to promote start-ups in the artificial intelligence industry: (1) Projects for identifying, nurturing, and supporting entrepreneurs in the artificial intelligence industry; (2) Training and coaching projects to foster start-ups in the artificial intelligence industry; (3) Support for the commercialization of outstanding artificial intelligence technologies developed by specialized personnel; (4) Evaluation of the value of artificial intelligence technologies and provision of financial support for start-ups; (5) Provision of research and development outcomes related to artificial intelligence technologies; (6) Nurturing of agencies and organizations supporting start-ups in the artificial intelligence industry; (7) Other necessary projects to promote start-ups in the artificial intelligence industry. Local authorities may provide funding or make investments in public agencies or public institutions that support start-ups in the artificial intelligence industry.
The Government shall formulate and implement the necessary policies to promote the integration of the artificial intelligence industry with other industries, as well as to expand the application of artificial intelligence across all sectors. When necessary, the Government may give priority to incorporating research and development projects on artificial intelligence-integrated products and services into national research and development projects under the Act on National Research and Development Innovation. The Government shall actively provide support so that artificial intelligence-integrated products and services may be granted temporary licenses and be subject to a special regulatory sandbox.
The Government shall endeavor to improve legal regulations, including by amending existing provisions, in order to develop the artificial intelligence industry and establish a foundation of trust. The Minister of Science, Technology and Information and Communications shall train and support specialized personnel in artificial intelligence and artificial intelligence technologies for the purpose of advancing artificial intelligence technologies and the related industry. The Government may implement the following policies to attract international specialized personnel in the field of artificial intelligence and artificial intelligence technologies: (1) Conducting investigations and analyses regarding specialized personnel at universities, research institutes, and enterprises abroad; (2) Establishing international cooperation networks to attract specialized personnel from overseas; (3) Providing employment support in Korea for international specialized personnel; (4) Supporting domestic artificial intelligence research institutes in expanding overseas and attracting foreign research institutes to operate domestically; (5) Supporting the organization of international conferences and international events on artificial intelligence in Korea; (6) Other necessary measures to attract international specialized personnel.
The Government shall monitor international trends related to artificial intelligence and promote international cooperation. In order to enhance competitiveness and support the expansion of the artificial intelligence industry into overseas markets, the Government may provide support to individuals, enterprises, or organizations operating in the industry through the following measures: (1) International exchanges of information, technology, and personnel related to the artificial intelligence industry; (2) Collection, analysis, and provision of information regarding overseas market expansion; (3) Joint research, development, and international standardization of artificial intelligence technologies, products, or services; (4) Attraction of foreign investment into the artificial intelligence industry; (5) Participation in and promotion at international academic conferences and exhibitions related to artificial intelligence; (6) Establishment of sales systems, distribution systems, and cooperation systems necessary for the export of artificial intelligence products or services; (7) Monitoring trends and promoting international cooperation on artificial intelligence ethics; (8) Other necessary measures to enhance competitiveness and promote the expansion of the artificial intelligence industry into international markets.
The State and local authorities may promote the integration of the functions, facilities, and geographical locations of enterprises, agencies, and organizations engaged in research and development of artificial intelligence technologies in order to foster the industry and enhance competitiveness. When necessary for such integration, the State and local authorities may designate an artificial intelligence integration complex (hereinafter referred to as the “integration complex”) and provide administrative, financial, and technical support.
The State and local authorities may establish and operate the necessary facilities, equipment, and devices (hereinafter referred to as the “testing platform”) to support testing, performance evaluation, and verification/certification (hereinafter referred to as “verification testing”) for technologies developed or transferred by artificial intelligence enterprises. The State and local authorities may open testing platforms owned by organizations for use by artificial intelligence enterprises.
5. Establishment of Artificial Intelligence Data Centers and Supporting Organizations
The Government shall promote the necessary policies to establish and operate data centers for the development and application of artificial intelligence (hereinafter referred to as “artificial intelligence data centers”). To implement these policies, the Government may undertake the following tasks: (1) Providing necessary administrative and financial support for the establishment and operation of artificial intelligence data centers; (2) Supporting small and medium-sized enterprises, research institutes, etc., in utilizing artificial intelligence data centers; (3) Providing support to promote balanced regional development of artificial intelligence-related infrastructure, including artificial intelligence data centers.
Individuals engaged in research and work related to artificial intelligence may establish, or be designated as, the Korea Artificial Intelligence Development Association (hereinafter referred to as the “Association”), upon approval by the Minister of Science, Technology and Information and Communications, for the purpose of promoting the development and utilization of artificial intelligence, the related industry and technologies, as well as public awareness and education. The Association shall have the status of a legal entity. The Association shall carry out the following activities: (1) Promoting the utilization and expansion of artificial intelligence technologies, products, and services; (2) Conducting surveys and compiling statistics related to artificial intelligence; (3) Establishing and operating shared facilities for artificial intelligence enterprises and training specialized personnel; (4) Supporting enterprises and specialized personnel related to artificial intelligence in expanding internationally; (5) Conducting education and public awareness activities to ensure the safe and reliable development and utilization of artificial intelligence; (6) Implementing projects entrusted under this Act or other Acts; (7) Carrying out other projects necessary to achieve the purposes of establishment, as prescribed in the articles of association.
The State and local authorities, if necessary for the development of the artificial intelligence industry and the establishment of a foundation of trust, may provide financial support for the activities of the Association within the scope of the budget.
When the Minister of Science, Technology and Information and Communications grants approval, such approval shall be publicly announced. Unless otherwise provided in this Act, the organization and activities of the Association shall be subject correspondingly to the provisions on legal entities of associations under the Civil Code.
6. Ethics and Reliability of Artificial Intelligence
6.1. Principles of Ethics for Artificial Intelligence
The Government may promulgate and publicly announce the principles of ethics for artificial intelligence (hereinafter referred to as the “ethical principles”), including the following contents to promote the dissemination of artificial intelligence ethics: (1) Ensuring safety and reliability so as not to cause harm to human life, body, or mental health during the development and application of artificial intelligence; (2) Ensuring accessibility so that everyone can freely and conveniently use products and services applying artificial intelligence technologies; (3) Promoting the development and utilization of artificial intelligence to contribute to human well-being and prosperity.
The Minister of Science, Technology and Information and Communications shall collect opinions from various segments of society, formulate implementation plans to ensure that the ethical principles are realized by all persons involved in the development and application of artificial intelligence, and publicly disclose, promote, and educate on their contents.
When the head of a central administrative agency or local authority establishes or amends artificial intelligence ethical standards (including all forms of laws, regulations, or guidelines related to AI ethics), the Minister may provide recommendations or opinions regarding their consistency with the ethical principles and the implementation plan.
6.3. Establishment of an Independent Private Artificial Intelligence Ethics Committee
The following organizations may establish an independent private artificial intelligence ethics committee (hereinafter referred to as the “private autonomous committee”) to comply with the ethical principles: (1) Educational institutions and research institutes that have personnel engaged in the research and development of artificial intelligence technologies;(2) Enterprises engaged in artificial intelligence business; (3) Other agencies related to artificial intelligence technologies as prescribed in the Presidential Decree.
The Independent Private Artificial Intelligence Ethics Committee (hereinafter referred to as “the Committee”) shall independently carry out the following tasks: (1) Examining compliance with the ethical principles in the research, development, and application of artificial intelligence technologies; (2) Conducting research and investigations on safety and human rights violations related to artificial intelligence technologies; (3) Inspecting and supervising the processes and outcomes of research, development, and application of artificial intelligence technologies; (4) Educating researchers and personnel within the organization on the ethical principles; (5) Establishing field-specific ethical guidelines appropriate for the research, development, and application of artificial intelligence technologies; (6) Other necessary tasks to implement the ethical principles.
The organization and operation of the Independent Private Artificial Intelligence Ethics Committee shall be determined autonomously by the relevant organization or agency. However, it shall not consist solely of a single gender and must include individuals with knowledge and experience to reasonably assess social and ethical aspects, as well as persons who are not affiliated with the organization.
The Minister of Science, Technology and Information and Communications may develop and disseminate standard guidelines to ensure that the Independent Private Artificial Intelligence Ethics Committee is organized and operated fairly and impartially.
6.4. Establishment of Policies for Building a Trusted Foundation for Artificial Intelligence
The Government shall formulate the following policies to minimize potential risks posed by artificial intelligence to the lives of citizens and to build a trusted foundation for the safe use of artificial intelligence: (1) Establishing a safe and reliable environment for the use of artificial intelligence; (2) Forecasting and assessing the impact of artificial intelligence on the daily lives of citizens and reforming related laws and institutional frameworks; (3) Supporting the development and dissemination of safety technologies and certification technologies to ensure the safety and reliability of artificial intelligence; (4) Conducting education and public awareness activities to realize a safe and reliable artificial intelligence society and to practice artificial intelligence ethics; (5) Supporting the establishment and implementation of voluntary rules by artificial intelligence enterprises related to safety and reliability; (6) Supporting and promoting voluntary activities in the private sector, such as cooperation and the development of ethical guidelines by organizations related to artificial intelligence, including enterprises and users; (7) Other matters prescribed by the Presidential Decree to ensure the safety and reliability of artificial intelligence.
6.5. Support for Verification and Certification of Safety and Reliability for Artificial Intelligence
The Minister of Science, Technology and Information and Communications may implement the following projects to support verification and certification activities (hereinafter referred to as “verification/certification”) to be carried out voluntarily by relevant organizations in order to ensure the safety and reliability of artificial intelligence: (1) Disseminating guidelines for artificial intelligence development; (2) Supporting research related to verification/certification; (3) Supporting the establishment and operation of equipment and systems used in verification/certification; (4) Supporting the training of specialized personnel necessary for verification/certification; (5) Other matters prescribed by the Presidential Decree to support verification/certification; (6) The Minister may provide information and administrative and financial support to small and medium-sized enterprises wishing to participate in verification/certification in accordance with the provisions of the Presidential Decree. Providers of high-impact artificial intelligence are required to make efforts to undergo verification/certification before offering products or services. State agencies using high-impact artificial intelligence must give priority to considering products or services that have been verified/certified.
6.Obligations to Ensure Transparency and Safety of Artificial Intelligence
Enterprises providing products or services using high-impact artificial intelligence or generative artificial intelligence shall notify users in advance that such products or services operate based on artificial intelligence. When offering generative artificial intelligence or related products/services, enterprises must clearly indicate that the results are generated by generative artificial intelligence. When providing audio, images, or videos simulated in a manner difficult to distinguish from reality and generated by artificial intelligence systems, enterprises must provide notifications or displays to ensure that users can clearly recognize them. In cases where such results constitute works of art or creative expression, the notification or display may be provided in a manner that does not hinder exhibition or enjoyment.
Artificial intelligence enterprises, for systems with cumulative computational capacity exceeding the standard prescribed by the Presidential Decree, shall fulfill the following obligations to ensure safety: (1) Identifying, assessing, and mitigating risks throughout the entire lifecycle of the artificial intelligence system; (2) Establishing a risk management system to monitor and respond to safety incidents related to artificial intelligence. Enterprises shall submit the results of fulfilling these obligations to the Minister of Science, Technology and Information and Communications.
6.7. High-Impact Artificial Intelligence Certification and Responsibilities of Enterprises Related to High-Impact Artificial Intelligence
Enterprises providing artificial intelligence or products/services utilizing artificial intelligence shall first assess whether the system qualifies as high-impact artificial intelligence; if necessary, they may request certification from the Minister. Upon such a request, the Minister shall provide certification and may establish an expert council for advisory opinions. The Minister may develop and publicly disseminate guidelines on standards and specific examples of high-impact artificial intelligence.
When an artificial intelligence enterprise provides high-impact artificial intelligence or products/services utilizing high-impact artificial intelligence, it shall implement measures including the following to ensure safety and reliability: (1) Establishing and operating a risk management plan; (2) Establishing and implementing an explanation plan regarding the final results produced by the artificial intelligence, the main criteria used to reach those results, and an overview of the training data used, within the limits of technical feasibility; (3) Establishing and operating user protection measures; (4) Human monitoring and control over high-impact artificial intelligence; (5) Drafting and storing verifiable documentation of measures ensuring safety and reliability; (6) Other matters reviewed and determined by the assessment committee to ensure the safety and reliability of high-impact artificial intelligence. The Minister of Science, Technology and Information and Communications may publicly issue specific guidelines on the above matters and recommend that artificial intelligence enterprises implement them. In cases where artificial intelligence enterprises have implemented equivalent measures under other legal provisions, such measures shall be deemed to fulfill the requirements above.
6.Impact Assessment of High-Impact Artificial Intelligence and Designation of Representatives in the Republic of Korea
Artificial intelligence enterprises, when providing products or services utilizing high-impact artificial intelligence, shall proactively conduct impact assessments on fundamental human rights before offering such products or services. When a state agency uses products or services utilizing high-impact artificial intelligence, priority shall be given to considering products/services that have undergone impact assessments.
Artificial intelligence enterprises without an address or business office in the Republic of Korea, but meeting criteria regarding user numbers, revenue, etc., shall designate in writing a representative in the Republic of Korea (hereinafter referred to as the “domestic representative”) to perform the following obligations and notify the Minister of Science, Technology and Information and Communications: (1) Submitting the results of fulfilling obligations; (2) Requesting certification of whether the artificial intelligence qualifies as high-impact; (3) Assisting in implementing measures to ensure safety and reliability (including verifying the currency and accuracy of accompanying documentation). The domestic representative shall have an address or business office in the Republic of Korea. In cases where the domestic representative violates regulations related to the above matters, the artificial intelligence enterprise that designated such representative shall be deemed to have committed a violation.
7. Ensuring Financial Resources for the Development of the Artificial Intelligence Industry
The State shall formulate plans to stabilize and continuously strengthen financial resources in order to effectively implement the Basic Plan and the policies under this Act. The Minister of Science, Technology and Information and Communications may recommend that public agencies support the implementation of projects to promote the artificial intelligence industry when deemed necessary. The State and local authorities shall prepare measures to encourage the private sector, including enterprises, to actively invest in projects related to promoting the artificial intelligence industry. The State and local authorities shall endeavor to manage and utilize investments effectively, taking into account the development stage of the artificial intelligence industry.
8. Surveys, Statistics, Index Development, Authorization, and Violation Handling
The Minister of Science, Technology and Information and Communications, after consulting with the National Statistical Office, shall develop, manage, and publicly release surveys, statistical data, and indices related to artificial intelligence domestically and internationally, in order to serve the formulation and implementation of policies and projects. To carry out the development of the aforementioned statistics and indices, the Minister may request cooperation from the heads of central administrative agencies, local authorities, and public agencies in providing data.
The Minister of Science, Technology and Information and Communications or the head of the relevant central administrative agency may authorize part of the powers under this Act to the heads of subordinate agencies or to the special city mayor, metropolitan city mayor, mayor of a special self-governing city, provincial governor, or governor of a special self-governing province. In such cases, a provincial governor may further authorize a mayor, county head, or district head. The Government may entrust the following tasks to relevant organizations or agencies: (1) Supporting projects related to the development and utilization of artificial intelligence technologies; (2) Selecting and supporting projects eligible for assistance related to the production, collection, management, distribution, and use of training data; and implementing projects for the development of training data; (3) Establishing, operating, and managing integrated service systems; (4) Other matters deemed necessary by the Minister to promote startups; (5) Support related to verification and certification; (6) Surveys, statistics, and index development.
In the following cases, the Minister of Science, Technology and Information and Communications may require artificial intelligence enterprises to submit relevant documents or assign subordinate public officials to conduct necessary investigations: (1) When a violation is detected or suspected; (2) When a complaint or accusation related to a violation of the above provisions is received. The Minister may dispatch public officials to the headquarters or business premises of the artificial intelligence enterprise to inspect books, documents, or physical items if deemed necessary for the investigation. If the investigation as described above confirms a violation, the Minister may issue an order to cease or require remedial action for such violation.
A person who discloses secrets obtained in the course of performing duties prescribed under this Act or uses them for purposes other than official duties shall be subject to imprisonment of up to three years or a fine of up to 30 million won. A person in any of the following cases shall be subject to an administrative fine not exceeding 30 million won: (1) Failing to fulfill the obligation to notify; (2) Failing to designate a representative in the Republic of Korea; (3) Failing to comply with an order to cease or remedy violations.