On January 22, 2026, the Republic of Korea took a historic step towards fostering the development and trust of artificial intelligence (AI) technology. The 'Act on the Promotion of Artificial Intelligence Development and Trust Building, etc.' (hereinafter referred to as the AI Basic Act) was fully implemented. This marks the world's second comprehensive AI legal framework, following the European Union (EU), and its full implementation is the first globally, making its significance even greater. As AI technology brings innovation across society, and in an era where responsible responses to potential ethical and social issues are urgently needed, the AI Basic Act will serve as a crucial legal foundation for achieving both 'innovation' and 'trust.' This article aims to deeply analyze the key issues of the AI Basic Act, present strategies for its successful enactment, and explore the right direction for the AI era.
South Korea's AI Basic Act focuses on promoting the AI industry, minimizing obligations and sanctions for AI businesses through the principle of minimal regulation, and broadly supporting industrial revitalization. The Act aims to enhance national AI competitiveness and create a foundation for the safe and trustworthy utilization of AI. To this end, it has established the legal basis for the 'National AI Strategy Committee,' the control tower for national AI policy, and has specified support measures across the entire AI industry, including AI R&D, construction of learning data, support for AI adoption and utilization, startup support, securing expert personnel, and support for AI data center construction. This promotion-centric approach demonstrates the government's determination to secure the competitiveness of the domestic industry and strengthen global leadership in the rapidly changing AI technology landscape.
One of the key issues of the AI Basic Act is clarifying the ethical issues and responsibilities that AI may cause. In particular, it introduces the concept of 'High-Impact AI' to impose enhanced management obligations on AI systems that could significantly affect or pose risks to human life, physical safety, and fundamental rights. This is to minimize damages caused by AI malfunctions or biases in various fields such as healthcare, finance, employment, and public safety. Furthermore, the obligation to ensure transparency for AI-generated content is also emphasized. Content created using generative AI (images, videos, audio, etc.) must be affixed with identification marks, such as watermarks, so that users can recognize that it was generated by AI. This is considered an essential safety measure to prevent social disruption and damage from AI misuse, such as deepfakes and the spread of false information.
The core driving force behind AI technology advancement is vast amounts of data. The AI Basic Act recognizes the importance of data utilization for industrial development by stipulating support for AI R&D and the construction of learning data. However, at the same time, establishing protective measures for personal information infringement issues that may arise during data utilization is also a critical issue. As the volume of data collected and analyzed by AI systems increases exponentially, the problem of excessive data sharing and its solutions are urgently required. The Act aims to enhance the transparency and accountability of AI technology and guarantee the protection of citizens' rights, implying that efforts to find a balance between data utilization and personal information protection must continue. In this regard, the Ministry of Science and ICT is continuously supplementing AI ethics and data utilization guidelines.
Ahead of the full implementation of the AI Basic Act, there are voices of confusion and concern within the industry regarding detailed standards and interpretations. In particular, many point out that the specific scope and criteria for 'High-Impact AI' are ambiguous, and startups with limited funds and personnel worry that compliance with the law could become a barrier to business entry. In response, the government is providing companies with at least one year or more of a grace period for regulation to adapt to the new regulatory environment for the successful establishment of the AI Basic Act. It is also operating an 'AI Basic Act Support Desk' to resolve companies' inquiries and difficulties, offering extensive consulting and support. Such a flexible approach is interpreted as the government's prudent strategy to foster a responsible AI ecosystem while minimizing industrial stagnation due to regulation. (Reference: Ministry of Science and ICT AI Basic Act press release https://www.msit.go.kr/)
Globally, as AI technology advances rapidly, various countries are grappling with establishing AI regulatory frameworks. While the European Union (EU) has adopted a 'safety-first' strategy with its 'AI Act,' classifying AI systems by risk level and applying strict regulations, South Korea's AI Basic Act places greater emphasis on strengthening industrial competitiveness through a 'promotion-centric' approach. These differences reflect the AI industry development stages and policy priorities of each country. The United States also expresses its commitment to AI development while maintaining a stance of minimal regulation. With the full implementation of the AI Basic Act, South Korea has become the world's second country with a comprehensive AI legal framework after the EU, and by being the first to fully implement it, it is now in a crucial position to lead global AI regulatory discussions. (Reference: Korea Information Society Development Institute AI Policy Trends https://www.kisdi.re.kr/)
The AI Basic Act holds significant meaning as it lays the groundwork at a national level for the responsible development and utilization of AI in step with the advent of the artificial intelligence era. While there are concerns from the industry regarding some issues, such as the ambiguity of standards for high-impact AI, during the early stages of the law's implementation, the government is minimizing such confusion through grace periods and support policies. For the AI Basic Act to be successfully established and for South Korea to become an AI powerhouse, it is essential to continuously reflect technological advancements and overseas regulatory trends to supplement the law and regulations, and to respond flexibly through social consensus, such as by operating an institutional improvement task force with the participation of industry, academia, and civil society. The AI Basic Act will go beyond simple regulation to become an important compass guiding AI technology to have a positive impact on human life and create a sustainable future.
A1: The AI Basic Act is necessary to address ethical issues, social disruption, and unclear lines of responsibility that may arise with the rapid development of artificial intelligence technology, while simultaneously supporting the innovative growth of the AI industry. Its main objectives are to create a safe and trustworthy AI utilization environment and enhance national AI competitiveness.
A2: The most important consideration for the AI Basic Act is balancing the two values of 'innovation' and 'trust.' It is crucial to establish reasonable standards that prevent harm from AI misuse and protect citizens' fundamental rights without hindering industrial development through excessive regulation. Clear definitions for high-impact AI and obligations to ensure transparency and safety are key considerations.
A3: The AI Basic Act focuses on promoting the AI industry, and it is expected to have a positive impact on industrial development through various support measures such as AI R&D, data infrastructure construction, and talent development. However, regulations for high-impact AI and transparency obligations impose new compliance requirements on companies, requiring adaptation and preparation. The government is assisting companies' adaptation by providing a grace period for regulations.
A4: Yes, according to the AI Basic Act, when providing products or services using generative AI, users must be clearly informed of the AI-based operation in advance, and an obligation to ensure transparency, such as affixing identification marks like watermarks to the generated content, is imposed. This is an important measure to prevent social disruption caused by fake information such as deepfakes.
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