Artificial Intelligence in South Korea

Law / proposed law in South Korea

On 26 December 2024, the ‘Framework Act on the Development of Artificial Intelligence and the Establishment of Foundation for Reliability’ (AI Act) passed the plenary session of the National Assembly. The AI Act was promulgated on 21 January 2025 (Law No. 20676) and came into effect on 22 January 2026. On 31 December 2025, the National Assembly passed an amendment (Law No. 21311, promulgated on 20 January 2026) that, among other matters, renamed the ‘National AI Committee’ (NAIC) to the ‘National AI Strategy Committee’ (NAISC), expanded its membership and mandate, introduced a definition of ‘training data’, established a legal basis for AI research institutes, and strengthened protections for AI-vulnerable groups in impact assessments. The Enforcement Decree (No. 36053) was promulgated on 21 January 2026 and came into effect together with the AI Act on 22 January 2026. On 20 July 2026, the Enforcement Decree (No. 36506) was amended to stipulate the details of the amendments to the AI Act.

The AI Act is intended to advance AI development and promote self-regulation by establishing a framework of the following initiatives: (i) formulating a master plan for AI by the Minister of the Ministry of Science and ICT (MSIT), creating the National AI Strategy Committee (NAISC, previously the ‘National AI Committee’) under the President’s office, establishing the AI Policy Center, and establishing the legal foundation for the AI Safety Institute’s operations; (ii) supporting industries related to the development and promotion of AI technology, including establishing standards for AI technology, defining ‘training data’ used in AI development and utilisation, and enabling universities and enterprises to establish AI research institutes with MSIT approval; and (iii) enacting and announcing the ‘AI Ethics Principles’ to support self-verification and certification by AI-related organisations, thereby ensuring the safety and reliability of AI and establishing the legal basis for autonomous ethics committees in the private sector.

Furthermore, the AI Act stipulates various obligations for AI business operators, such as operators involved with high-impact AI, businesses offering generative AI products or services, and operators whose AI systems exceed designated training compute thresholds, utilise cutting-edge technology and present a risk level capable of significantly impacting safety and fundamental rights of users (i.e., high-performance AI). It also requires that operators lacking a domicile or business location within Korea must appoint a domestic agent to comply with the regulatory framework and empowers the Minister of MSIT with the authority to conduct fact-finding inspections and to issue suspension or corrective orders where necessary.

The AI Act is the first statute to govern legal requirements specific to AI technologies and products in Korea.

Please note that AI in South Korea will still be regulated by existing rules governing personal information, copyright, and telecommunications. Therefore, the existing obligations and requirements under these laws and regulations will continue to apply to AI-related business and services.

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