Artificial Intelligence in South Korea

Controls on generative AI in South Korea

The AI Act mandates several obligations on AI business operators that intend to offer products or services utilising generative AI.

  • Definition of Generative AI: This term refers to AI systems that produce content such as text, audio, images, and other outputs by mimicking the structure of input data (Article 2, Item 5).
  • Advance Notification Obligation: AI business operators must notify users in advance that their products or services are powered by generative AI (Article 31, Paragraph (1)). Non-compliance may result in an administrative fine of up to KRW 30 million (Article 43, Paragraph (1), Item 1).
  • Labelling Obligation: Products or services must be clearly labelled as being created by generative AI (Article 31, Paragraph (2)).
  • Deepfake Content: AI business operators providing virtual outputs that may be mistaken for real (often referred to as “deepfakes”), must ensure these are clearly labelled. If labelled content qualifies as artistic or creative expression, the manner of labelling should not hinder its appreciation (Article 31, Paragraph (3)).
  • Compliance Guidance: The specifics of notification and labelling, including potential exceptions, will be detailed in a forthcoming Presidential Decree (Article 31, Paragraph (4)).

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