Artificial Intelligence in South Korea

Enforcement / fines in South Korea

The AI Act provides authority to the Minister of MSIT to initiate investigations in cases where (i) MSIT learns of any actual or potential violation of the following obligations under the AI Act, or (ii)  MSIT receives a report or civil complaint of such a violation: (i) obligation to label content created using generative AIs (Article 31, Paragraph (2)); (ii) obligation to provide notice to viewers or to label “deepfakes” (Article 31, Paragraph (3)); (iii) obligation to secure safety when the cumulative compute usage in the AI system training surpasses a designated threshold and/or duty to report on measures taken by the service provider to secure such safety (Articles 32, Paragraphs (1) and (2)); and (iv) obligation to secure safety and reliability for high-impact AIs (Article 34, Paragraph (1)). Upon finding of any violation listed above, the Minister of MSIT may issue an order to suspend or correct the action in violation against the violator (Article 40, Paragraph (3)).

Furthermore, administrative fines may be imposed for the following: (i) failure to appoint a domestic agent may result in an administrative fine of up to KRW 30 million (Article 43, Paragraph (1), Item 2); (ii) failure to comply with the advance notification obligation for the high-impact AI or generative AI may result in an administrative fine of up to KRW 30 million (Article 43, Paragraph (1), Item 1); and (iii) failure to comply with the corrective orders may result in administrative fines of up to KRW 30 million (Article 43, Paragraph (1), Item 3).

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