ENFORCEMENT DECRFEE OF THE FRAMEWORK ACT ON THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE AND THE CREATION OF A FOUNDATION FOR TRUST

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Framework Act on the Development of Artificial Intelligence and the Creation of a Foundation for Trust and matters necessary for the enforcement thereof.

Article 2(Artificial intelligence excluded from scope of the Act) #

"Artificial intelligence prescribed by Presidential Decree" in Article 4(2) of the Framework Act on the Development of Artificial Intelligence and the Creation of a Foundation for Trust (hereinafter referred to as the "Act") means artificial intelligence developed or used solely to perform only the following:

1. Any of the following designated by the Minister of National Defense:

a. The establishment and operation of the defense information and communications network under subparagraph 3 of Article 2 of the Act on Establishment of Infrastructure for Informatization of National Defense and Management of Informational Resources for National Defense and the defense information system under subparagraph 4 of that Article;

b. The development and operation of weapons systems under subparagraph 3 of Article 3 of the Defense Acquisition Program Act and force support systems under subparagraph 4 of that Article;

2. Any of the following designated by the Director of the National Intelligence Service:

a. Operation and management of early warning systems under Article 15(1) of the Framework Act on Supply Chain Stabilization Support for Economic Security;

b. Security duties related to research and development projects categorized as classified projects under Article 21(2) of the National Research and Development Innovation Act;

c. Establishment and operation of cybersecurity prevention and response systems under Article 20(2) of the Special Act on National Resources Security;

d. Investigation of and measures for the leakage or infringement of national high-tech strategic technologies as defined in Article 2(1) of the Act on Special Measures for Strengthening the Competitiveness of, and Protecting National High-Tech Strategic Industries;

e. Counter-terrorism activities as defined in subparagraph 6 of Article 2 of the Act on Counter-Terrorism for the Protection of Citizens and Public Security;

f. Investigation and measures necessary to protect defense industry technology as defined in subparagraph 1 of Article 2 of the Defense Industry Technology Protection Act and to prevent the leakage and infringement of defense industry technologies as prescribed in Article 11 of that Act;

g. Investigation and measures necessary to prevent the leakage or infringement of national core technologies as defined in subparagraph 2 Article 2 of the Act on Prevention of Divulgence and Protection of Industrial Technology;

h. Security measures, the safety of which has been confirmed by the Director of the National Intelligence Service under Article 56(3) of the Electronic Government Act;

i. Anti-communist intelligence affairs of the intelligence centers under Article 9-2(1) of the United Defense Act and the joint intelligence investigation team under paragraph (2) of that Article;

j. Counterintelligence affairs under Article 3 of the Counterintelligence Affairs Regulations;

k. Duties falling under Article 4(1)1 through 5 of the National Intelligence Service Act;

3. Any of the following designated by the Commissioner General of the National Police Agency:

a. Investigations of and measures for the leakage or infringement of national high-tech strategic technologies as defined in subparagraph 1 of Article 2 of the Act on Special Measures for Strengthening the Competitiveness of, and Protecting National High-Tech Strategic Industries;

b. Counter-terrorism activities as defined in subparagraph 6 of Article 2 of the Act on Counter-Terrorism for the Protection of Citizens and Public Security;

c. Investigations and measures necessary to protect defense industry technologies as defined in subparagraph 1 of Article 2 of the Defense Industry Technology Protection Act and to prevent the leakage and infringement of defense industry technologies as prescribed in Article 11 of that Act;

d. Investigations and measures necessary to prevent the leakage or infringement of national core technologies as defined in subparagraph 2 Article 2 of the Act on Prevention of Divulgence and Protection of Industrial Technology;

e. Counterintelligence affairs referred to in Article 3 of the Counterintelligence Affairs Regulations;

f. Investigations and arrest of intelligence offenders, etc. as defined in subparagraph 5 of Article 2 of the Regulations on Planning and Coordination of Intelligence and Security Affairs;

Article 3(Formulation of master plans for artificial intelligence) #

(1) "Minor modifications prescribed by Presidential Decree" in the proviso of Article 6(1) of the Act means any of the following:

1. Where any modification is made to the implementation system, implementation schedule, lead agency, or relevant agencies for a specific project included in the master plan for artificial intelligence under Article 6(1) of the Act (hereinafter referred to as the "master plan") to the extent it does not alter the fundamental direction, strategies, and objectives of the master plan;

2. Where any modification is made to ensure consistency with the comprehensive plan for the intelligent information society under Article 6(1) of the Framework Act on Intelligent Informatization and the action plan for the intelligent information society under Article 7(1) of that Act, to the extent that it does not alter the basic direction, strategies, and objectives of the master plan;

3. Where a simple mistake, typographical error, omission, or obvious error is corrected;

4. Where any modification is made to reflect the enactment, amendment, or repeal of statutes or regulations.

(2) Where the Minister of Science and ICT formulates or modifies the master plan under Article 6(1) of the Act, the Minister shall publicly announce the contents on the website of the Ministry of Science and ICT and notify the heads of relevant central administrative agencies and heads of local governments.

Article 4(Composition of the Presidential Council on National Artificial Intelligence Strategy) #

(1) "Relevant central administrative agencies prescribed by Presidential Decree" in Article 7(4)1 of the Act means the following central administrative agencies:

1. Ministry of Finance and Economy;

2. Ministry of Science and ICT;

3. Ministry of Education;

4. Ministry of Foreign Affairs;

5. Ministry of Justice;

6. Ministry of National Defense;

7. Ministry of the Interior and Safety:

8. Ministry of Culture, Sports and Tourism;

9. Ministry of Trade, Industry and Resources;

10. Ministry of Health and Welfare;

11. Ministry of Climate, Energy and Environment;

12. Ministry of Employment and Labor;

13. Ministry of SMEs and Startups;

14. Ministry of Planning and Budget;

15. Korea Media and Communications Commission;

16. Personal Information Protection Commission.

(2) One person referred to in Article 7(4)4 of the Act who has been designated as vice chair under paragraph (3) of that Article shall serve on a full-time basis.

(3) The term of office of a member newly commissioned under Article 7(4)4 of the Act due to the resignation or other circumstances of a member shall be the remaining term of the predecessor.

(4) A member commissioned under Article 7(4)4 of the Act may continue to perform duties after the expiration of the term of office under paragraph (7) of that Article until a successor is commissioned.

(5) The chair of the Presidential Council on National Artificial Intelligence Strategy (hereinafter referred to as the “chair”) under Article 7(1) of the Act (hereinafter referred to as the "Council") may dismiss a member under paragraph (4)4 of that Article if the member falls under any of the following categories:

1. Where a member becomes unable to perform duties due to mental or physical incapacity, etc.;

2. Where a member commits misconduct in relation to duties;

3. Where a member is deemed unsuitable to serve due to neglect of duty, injury to dignity, or any other reason;

4. Where a member fails to recuse himself or herself despite being subject to Article 9(3) of the Act;

5. Where a member voluntarily expresses that it is difficult to perform duties.

Article 5(Operation of the Council) #

(1) The Council may, when necessary to perform its duties, hear the opinions of relevant experts or request cooperation from relevant administrative agencies and other institutions, corporations, or organizations, such as the submission of materials or the provision of opinions.

(2) The Council may commission relevant experts or institutions, corporations, or organizations to conduct investigations or research where necessary for the performance of its duties.

(3) The Council may gather public opinion through survey questionnaires, public hearings, seminars, etc. where necessary for the performance of its duties.

(4) Allowances, travel expenses, and other necessary expenses may be paid within the budget to members of the Council, members of expert standing committees under Article 10(1) of the Act (hereinafter referred to as "expert standing committees"), members of special committees under paragraph (2) of that Article (hereinafter referred to as "special committees"), relevant public officials, relevant experts, etc.; provided, such payments shall not be made to public officials who attend Council meetings in direct connection with their official duties.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the operation of the Council shall be determined by the chair after resolution by the Council.

Article 6(Secretariat of the Presidential Council on National Artificial Intelligence Strategy) #

(1) The secretariat under Article 7(12) of the Act (hereinafter referred to as the "secretariat" in this Article) shall have 1 chief, who shall be designated by the chair of the Council from among the following persons:

1. A secretary who is responsible for artificial intelligence-related affairs in the Office of the President;

2. Public officials who are seconded or hold concurrent positions under paragraph (3) (limited to members of the Senior Executive Service of central administrative agencies).

(2) The chief of the secretariat, under the command of the chair of the Council, shall have general supervision and control of the affairs of the secretariat, and shall direct and supervise its staff.

(3) If necessary for the operation of the Council or the secretariat, the Council may request the heads of central administrative agencies, heads of local governments, or heads of relevant institutions, corporations, or organizations to second public officials, executive officers, or employees under their supervision to the Council or to have them hold concurrent positions in the Council.

(4) The Council may appoint experts in relevant fields as fixed-term public officials within the budget where necessary for the performance of the duties of the Council or the secretariat.

Article 7(Implementation of recommendations for improvement) #

(1) The State, a local government, or the head of a public institution referred to in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "State agency or other public entity"), upon receiving a recommendation or opinion from the Council regarding the improvement of statutes, regulations, or systems, the formulation of action plans, or other related actions under Article 8(3) of the Act, shall formulate and report to the Council improvement plans for statutes, regulations, or systems, action plans, and other related plans within 3 months from the date of receiving the recommendation or opinion.

(2) If the head of a State agency or other public entity finds it difficult to formulate and report improvement plans, action plans, and other related plans within the period under paragraph (1) due to unavoidable reasons, the head may explain the reasons to the Council and request an extension of the reporting period.

Article 8(Expert standing committees) #

(1) The chair of expert standing committees and special committees shall be appointed by the chair of the Council from among the members of the Council.

(2) The members of an expert standing committee shall be designated by the chair of the Council from among the members specified in Article 7(4)4 of the Act; provided, where necessary, the vice chair of the Council (referring to the full-time vice chair referred to in Article 4(2); hereafter the same shall apply in this Article) may additionally commission private-sector experts with extensive expertise and experience in the relevant field as members of the expert standing committee.

(3) The members of a special committee shall be designated by the chair of the Council from among the members of the Council, or appointed or commissioned by the vice chair of the Council from among the persons listed in the following subparagraphs after hearing the opinion of the chair of the relevant special committee:

1. An expert who has extensive knowledge of and experience in matters to be discussed by the special committee;

2. The head of a central administrative agency or a public official of that agency who is involved in matters to be discussed by the special committee;

3. The head or an executive officer or employee of a public institution related to matters to be discussed by the special committee (being a public institution referred to in Article 4 of the Act on the Management of Public Institutions).

(4) The advisory committee under Article 10(3) of the Act shall consist of private-sector experts are commissioned by the vice chair of the Council, who are recognized as having expertise in artificial intelligence, artificial intelligence technology, the artificial intelligence industry, and artificial intelligence society (hereinafter referred to as "artificial intelligence and related matters").

(5) The chief artificial intelligence officers referred to in Article 10(4) of the Act shall be designated by the head of the respective entity, at the request of the Council, from among the persons listed in the following subparagraphs:

1. Vice ministers or vice minister-level public officials of central administrative agencies prescribed in each item of Article 4(1);

2. Vice mayors of the Special Metropolitan City, Metropolitan Cities, and the Special Self-Governing City, or vice governors of Dos and Special Self-Governing Provinces;

3. Vice ministers or vice minister-level public officials of related central administrative agencies (including deputy heads who are members in general service of the Senior Executive Service or equivalent public officials) whom the chair of the council of chief artificial intelligence officers under Article 10(4) of the Act (hereinafter referred to as the "council") deems necessary for the operation of the council, in addition to the persons referred to in subparagraph 1.

(6) The chair of the council shall be designated by the chair of the Council from among the members of the Council.

(7) Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the expert standing committees, special committees, and advisory committees shall be determined by the chair of the Council, after resolution by the Council.

(8) Except as provided in paragraphs (5) and (6), matters necessary for the composition, operation, etc. of the council shall be determined by the chair of the council after resolution by the council.

Article 9(Designation of artificial intelligence policy centers) #

(1) The Minister of Science and ICT shall designate an institution, corporation, or organization that falls under any of the following subparagraphs as the Artificial Intelligence Policy Center under Article 11(1) of the Act (hereinafter referred to as "Artificial Intelligence Policy Center").

1. The National Information Society Agency under Article 12(1) of the Framework Act on Intelligent Informatization;

2. Any of the following institutions, corporations, or organizations recognized by the Minister of Science and ICT as having expertise in artificial intelligence:

a. An affiliated research institute of a school under Article 2 of the Higher Education Act;

b. A public institution under Article 4 of the Act on the Management of Public Institutions;

c. A nonprofit corporation established under Article 32 of the Civil Act, performing duties for the development of artificial intelligence-related policies and the establishment and dissemination of international norms;

d. A government-funded research institute defined in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes.

(2) When the Minister of Science and ICT designates an Artificial Intelligence Policy Center under paragraph (1), the Minister shall publicly announce the fact on the website of the Ministry of Science and ICT.

Article 10(Operation of the AI Safety Institute) #

(1) "Projects prescribed by Presidential Decree" in Article 12(2)7 of the Act means the following projects:

1. Consultation and training related to artificial intelligence safety under Article 12(1) of the Act (hereinafter referred to as "artificial intelligence safety");

2. Establishment and operation of an artificial intelligence-related evaluation system;

3. Acquisition and disclosure of data related to artificial intelligence safety (referring to data as defined in subparagraph 1 of Article 2 of the Framework Act on Promotion of Data Industry and Data Utilization);

4. Analysis, provision, and sharing of statistics and information related to artificial intelligence safety;

5. Other projects deemed necessary by the Minister of Science and ICT for artificial intelligence safety.

(2) The Minister of Science and ICT may establish standards for operational regulations of the Artificial Intelligence Safety Research Institute under Article 12(1) of the Act (hereinafter referred to as "AISI") that include the matters listed in the following subparagraphs, in order to ensure its professional and efficient operation and to secure highly qualified professional personnel:

1. Matters relating to organization and personnel;

2. Matters relating to research security and ethics;

3. Matters relating to the establishment and operation of domestic and international cooperation systems;

4. Matters relating to budget and accounting;

5. Other matters necessary for the professional and efficient operation of AISI.

(3) AISI may request State agencies and other public entities to provide related materials where necessary to perform the projects provided in the subparagraphs of Article 12(2) of the Act.

(4) AISI shall submit its project performance for the previous year and its project plan for the current year to the Minister of Science and ICT by January 31 of each year.

Article 11(Support for development of artificial intelligence technology and safe use thereof) #

(1) "Projects prescribed by Presidential Decree" in Article 13(1)5 of the Act means the following projects:

1. Support for the establishment and utilization of infrastructure for the development, research, and investigation of artificial intelligence technology;

2. Collaboration and joint research with foreign organizations specializing in the development, research, and investigation of artificial intelligence technology, or with international organizations;

3. Other programs deemed necessary by the head of a central administrative agency in relation to the development, research, or investigation of artificial intelligence technology.

Article 12(Artificial intelligence training data projects eligible for support) #

(1) The head of a central administrative agency may select the following projects as eligible for support in accordance with Article 15(2) of the Act:

1. Projects for the development of technologies for the production and processing of training data;

2. Projects related to the promotion of the production, collection, management, distribution, and utilization of training data and the assurance of the quality level thereof for the development of artificial intelligence services (referring to artificial intelligence services as defined in subparagraph 6 of Article 2 of the Act; hereinafter the same shall apply);

3. Projects related to the development of guidelines and standard contracts necessary for research on relevant legal systems and the utilization of training data;

4. Other projects deemed necessary by the head of a central administrative agency to promote the production, collection, management, distribution, and utilization of training data, and to ensure the quality level thereof.

(2) When selecting projects eligible for support under paragraph (1), the head of a central administrative agency shall consider the following matters:

1. Alignment with policy measures implemented under Article 15(1) of the Act;

2. The level of contribution to promoting the production, collection, management, distribution, and utilization of training data, to ensuring its quality, to other related activities;

3. Expected economic ripple effects, including increased utilization of data in the artificial intelligence industry, promotion of the artificial intelligence industry, and the creation of startups and employment;

4. Institutional and technical feasibility and compliance with relevant statutes and regulations;

5. Other matters necessary for the effective implementation of policy measures relating to the promotion of the production, collection, management, distribution, and utilization of training data, to the assurance of the quality level thereof, and to other related activities.

(3) The head of a central administrative agency may establish and operate a public-private consultative body with State agencies and other public entities, corporations, institutions, and organizations, as necessary, to ensure the smooth implementation of training data development projects under Article 15(3) of the Act.

(4) Except as provided in paragraphs (1) through (3), matters necessary for the detailed criteria and procedures for the evaluation for selecting projects eligible for projects shall be determined and publicly notified by the Minister of Science and ICT.

Article 13(Establishment and management of integrated training data provision system) #

(1) The Minister of Science and ICT shall establish and manage the integrated provision system (hereinafter referred to as the "integrated provision system") under Article 15(4) of the Act so that it can perform the following functions:

1. Unified search of training data;

2. Systematic classification of training data;

3. Provision of the sources of training data;

4. Connectivity between the integrated provision system and other data platforms operated by State agencies and other public entities;

5. Provision of information regarding the valuation and quality management of training data;

6. Other functions deemed necessary by the Minister of Science and ICT for the efficient implementation of the training data development project.

(2) The Minister of Science and ICT may request cooperation from the heads of central administrative agencies, heads of local governments, or heads of public institutions (referring to public institutions as defined in subparagraph 16 of Article 2 of the Framework Act on Intelligent Informatization; hereinafter the same shall apply) regarding the connectivity between the integrated provision system and the individual systems and data held by each agency, as well as the submission of information and materials necessary for the operation of the integrated provision system. In such cases, the head receiving the request shall comply with it unless there is a special reason not to do so.

(3) The Minister of Science and ICT shall endeavor to ensure that the training data provided through the integrated provision system is kept up-to-date, accurate, and interoperable.

Article 14(Collection of fees) #

(1) The Minister of Science and ICT may collect fees from users of the integrated provision system under Article 15(5) of the Act and may apply differential usage fees based on the type of training data and the purpose of its use.

(2) Notwithstanding paragraph (1), the Minister of Science and ICT may reduce or waive usage fees for the integrated provision system in any of the following cases:

1. Where it is used by central government agencies, local governments, or public institutions;

2. Where it is used by nonprofit research or educational institutions for academic research or educational purposes;

3. Other cases where a reduction or waiver is deemed necessary by the Minister of Science and ICT, in light of the type of training data and the purpose of its utilization.

(3) Details regarding the criteria for imposing usage fees for the integrated provision system, eligible recipients of usage fee reduction or waiver, and the imposition procedures shall be determined and publicly notified by the Minister of Science and ICT.

Article 15(Support for adoption and utilization of artificial intelligence technology) #

(1) "Matters prescribed by Presidential Decree" in Article 16(2)5 of the Act means the following matters:

1. Establishment and provision of artificial intelligence systems, as well as the devices, equipment, or infrastructure for the establishment and operation of the artificial intelligence systems;

2. Provision of information on artificial intelligence technology and case studies of their adoption and utilization by State agencies and other public entities;

3. Training and technical support necessary to protect users or affected individuals;

4. Other matters deemed necessary by the head of a central administrative agency or the head of a local government to promote the adoption and utilization of artificial intelligence technology.

(2) The Minister of Science and ICT may establish a specific plan for providing support in accordance with the subparagraphs of Article 16(2) of the Act in consultation with the heads of relevant central administrative agencies and heads of local governments.

(3) Upon establishing specific support measures under paragraph (2), the Minister of Science and ICT shall publicly announce the measures on the website of the Ministry of Science and ICT or prepare guidance materials to provide them to companies, public institutions, etc.

Article 16(Entrustment of support for international cooperation and overseas market entry) #

(1) In accordance with Article 22(3) of the Act, the head of a central administrative agency intending to entrust or designate the performance of any of the projects listed in each subparagraph of paragraph (2) of that Article shall select a public institution or organization from among those that perform duties related to the promotion of the artificial intelligence industry, research and development, and international cooperation.

(2) Where the head of a central administrative agency entrusts or designates the performance of tasks under Article 22(3) of the Act, the head of the agency shall publicly announce on the agency’s website the institution or organization receiving the entrustment or designation, and the details of the tasks that are entrusted or designated for performance.

Article 17(Designation of artificial intelligence clusters) #

(1) When designating an artificial intelligence cluster under Article 23(2) of the Act (hereinafter referred to as "artificial intelligence cluster"), the Minister of Science and ICT or the head of a local government shall consider the following matters:

1. Compliance with the master plan;

2. Effects of regional clustering and strengthening competitiveness in the artificial intelligence industry;

3. Potential to contribute to regional economic development, including job creation;

4. Regional and functional overlap, connectivity, accessibility, and efficiency in relation to other artificial intelligence clusters;

5. Other matters determined and publicly notified by the Minister of Science and ICT, including securing professional personnel and the potential for sustainable development.

(2) When the Minister of Science and ICT or the head of a local government designates an artificial intelligence cluster, the Minister or head shall publicly announce on the website of the relevant Ministry or local government the following matters:

1. The fact that the artificial intelligence cluster is designated;

2. The location, scope, and zones of the artificial intelligence cluster;

3. If there is a dedicated institution for the artificial intelligence cluster (referring to a dedicated institution under Article 23(4) of the Act; hereinafter the same shall apply), the contact information, address, and name of the head of the dedicated institution;

4. Basic matters relating to the operation of the artificial intelligence cluster.

(3) Where the Minister of Science and ICT or the head of a local government revokes the designation of an artificial intelligence cluster in accordance with Article 23(3) of the Act, the Minister or head shall publicly announce the fact on the website of the relevant Ministry or local government.

Article 18(Dedicated institutions for artificial intelligence clusters) #

(1) The Minister of Science and ICT may establish a dedicated institution under Article 23(4) of the Act or designate an institution or organization that meets all of the following requirements as a dedicated institution. In such cases, if the head of a local government has designated an artificial intelligence cluster, the Minister may designate a dedicated institution upon receiving an application from the head of the local government:

1. It shall be an institution or organization that falls under any of the following:

a. A public institution;

b. A local government-invested or -funded institution designated and publicly notified under Article 5 of the Act on the Operation of Local Government-Invested or -Funded Institutions;

c. An institution or organization established under the Civil Act or any other statute, which the Minister of Science and ICT recognizes as having expertise in supporting artificial intelligence clusters;

2. It shall employ at least 5 full-time staff members dedicated to supporting the artificial intelligence cluster;

3. It shall be located within an area designated or to be designated as an artificial intelligence cluster, or in an adjacent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Province, or Special Self-Governing Province;

4. It shall secure office space and meeting rooms for performing duties;

5. It shall secure information systems, such as accounting and personnel management, necessary for performing duties.

(2) The dedicated institution shall report to the Minister of Science and ICT on the business operation plan and budget for the following fiscal year before the commencement of each fiscal year.

(3) When the Minister of Science and ICT or the head of a local government revokes the designation of an artificial intelligence cluster under Article 23(3) of the Act, the dedicated institution for that artificial intelligence cluster shall be deemed to have had its designation revoked.

(4) The Minister of Science and ICT may revoke the designation of a dedicated institution designated under paragraph (1) if it falls under any of the following subparagraphs: provided, in the case of subparagraph 1, the designation shall be revoked:

1. If it has obtained designation by fraud or other improper means;

2. If it no longer meets the criteria for designation prescribed in paragraph (1) for a period of at least 6 months.

(5) If a dedicated institution falls under paragraph (4)2, the Minister of Science and ICT may, prior to revoking the designation under that paragraph, set a period of at least 30 days for the institution to rectify the violation.

Article 19(Establishment of artificial intelligence demonstration infrastructure) #

(1) "Institutions designated by Presidential Decree" in Article 24(2) of the Act means entities that fall under any of the following subparagraphs:

1. A public enterprise under Article 5(4)1 of the Act on the Management of Public Institutions;

2. Government-funded science and technology research institutes under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

3. A research institute specializing in manufacturing technology under Article 42(1) of the Industrial Technology Innovation Promotion Act;

4. A local public enterprise under Article 3(1) of the Local Public Enterprises Act;

5. A local government-invested research institute under Article 2 of the Act on the Establishment and Operation of Local Government-Invested Research Institutes;

6. A specific research institute under Article 2 of the Specific Research Institutes Support Act;

7. National or public universities.

(2) The head of a central administrative agency or the head of a local government may request the entities under each subparagraph of paragraph (1) to submit the following materials necessary for availability under Article 24(2) of the Act:

1. Types and locations of demonstration infrastructure under Article 24(1) of the Act (hereinafter referred to as "demonstration infrastructure");

2. Conditions of use, hours of availability, and procedures for using demonstration infrastructure;

3. Other materials necessary for the availability and utilization of demonstration infrastructure.

(3) Central administrative agencies and local governments may provide necessary administrative, financial, and technical support to institutions holding demonstration infrastructure made available under Article 24(2) of the Act, and to persons seeking to utilize such demonstration infrastructure.

(4) The Minister of Science and ICT shall disclose on the website of the Ministry of Science and ICT the types, terms of use, and usage fees of demonstration infrastructure established under Article 24(1) of the Act or made available under paragraph (2) of that Article.

Article 20(Authorization for establishment, or designation of, Korean artificial intelligence promotion association) #

(1) Where persons engaged in research and practice in artificial intelligence and related matters intend to establish a Korean artificial intelligence promotion association under Article 26(1) of the Act (hereinafter referred to as "Association"), at least 50 people engaged in research and duties in artificial intelligence and related matters shall prepare the articles of incorporation as promoters, and then apply for authorization from the Minister of Science and ICT after obtaining a resolution at the general meeting of promoters.

(2) A person seeking authorization under paragraph (1) shall submit the documents listed in the following subparagraphs to the Minister of Science and ICT:

1. Articles of incorporation;

2. List and resumes of promoters;

3. Business plan and a statement of projected income and expenditure.

(3) The articles of incorporation of the Association shall include the following:

1. Objectives;

2. Name;

3. Location of the office;

4. Matters relating to the business of the Association and its execution;

5. Matters relating to the qualifications of members, admission to and withdrawal from membership, the rights and obligations of members;

6. Matters relating to executive officers;

7. Matters relating to membership fees;

8. Matters relating to general meetings;

9. Matters relating to finance and accounting;

10. Matters relating to amendments to the articles of incorporation;

11. Matters relating to its dissolution and disposal of its residual property.

(4) Notwithstanding paragraphs (1) through (3), a nonprofit corporation established under Article 32 of the Civil Act which has at least 50 members engaged in research and duties in artificial intelligence and related matters, and which intends to be designated as an Association under Article 26(1) of the Act, shall apply to the Minister of Science and ICT, along with the following documents:

1. Articles of incorporation (referring to the articles of incorporation containing the matters listed in each subparagraph of paragraph (3));

2. Membership roster and resumes;

3. Business plan and a statement of projected income and expenditure.

Article 21(Establishment and publication of ethics principles for artificial intelligence) #

(1) The Minister of Science and ICT may establish or amend the principles of artificial intelligence ethics under Article 27(1) of the Act (hereinafter referred to as the “Ethics Principles”) in consultation with relevant central administrative agencies.

(2) The Minister of Science and ICT and relevant central administrative agencies shall publish the Ethics Principles established or amended under paragraph (1) on their respective websites, etc.

Article 22(Support for verification and certification of safety and trustworthiness of artificial intelligence) #

(1) "Matters prescribed by Presidential Decree" in Article 30(1)5 of the Act means the following matters:

1. Dissemination of standards, methods, and procedures for verification and certification activities under Article 30(1) of the Act (hereinafter referred to as "verification and certification");

2. Training and consulting related to inspection and certification;

3. Quality diagnosis and management of verification and certification;

4. Research and development and international cooperation related to verification and certification;

5. Other projects deemed necessary by the Minister of Science and ICT to support verification and certification.

(2) The Minister of Science and ICT may provide the following information through the website, etc. of the Ministry of Science and ICT under Article 30(2) of the Act:

1. Standards, methods, and procedures for verification and certification;

2. Institutions that provide verification and certification services;

3. Support programs related to verification and certification;

4. Matters relating to international standards for verification and certification and to the utilization of the standards;

5. Other information deemed necessary by the Minister of Science and ICT to support verification and certification.

(3) In accordance with Article 30(2) of the Act, the Minister of Science and ICT may, within the budget, provide full or partial financial support for the costs required for verification and certification to small and medium enterprises, etc. (referring to small and medium enterprises, etc. under Article 16(2)3 of the Act) that intend to obtain the verification and certification.

Article 23(Obligation to ensure artificial intelligence transparency) #

(1) In accordance with Article 31(1) of the Act, an artificial intelligence business operator that provides products or services using high-impact artificial intelligence or generative artificial intelligence (hereinafter referred to as “products or services”) shall give prior notice to users that such products or services are operated based on such artificial intelligence by any of the following methods:

1. Stated directly on the products or services or in the contract, instruction manual, terms of use, etc.;

2. Displayed on the user's screen, terminal, etc.;

3. Posted in an easily recognizable manner at the location where the products or services are provided (including areas reasonably related to that location);

4. Other methods recognized by the Minister of Science and ICT, considering the characteristics of the product, etc.;

(2) When an artificial intelligence business operator makes an indication required under Article 31(2) of the Act, it may do so in any of the following methods:

1. Methods that humans can perceive;

2. A machine-readable format. In this case, the fact that the content was generated by generative AI shall be indicated at least once through text, voice, or other means.

(3) A notification or indication under Article 31(3) of the Act shall be made by artificial intelligence business operator in a manner that users can clearly recognize it, considering the following matters:

1. The notification or indication shall be made in a manner that enables users to easily verify the contents through visual or auditory means, or by using software, etc.;

2. The notification or indication shall be made, considering the age, physical and social conditions, etc. of the primary users.

(4) Notwithstanding paragraphs (1) through (3), all or part of the provisions of paragraphs (1) through (3) need not apply in any of the following:

1. Cases where it is evident that high-impact artificial intelligence or generative artificial intelligence has been utilized, considering the name of the product or service, statements or other texts displayed on the user interface, the exterior of the product, or the output;

2. Cases where it is used solely for the internal business purposes of the artificial intelligence business operator;

3. Other cases where the Minister of Science and ICT determines and publicly notifies that an exception to the application of all or part of the provisions of Article 31(1) through (3) of the Act is necessary, considering the type or characteristics of the product or service, or the content of the output, the manner of use, and the level of technology.

Article 24(Obligation to ensure safety of artificial intelligence) #

(1) “Artificial intelligence system meeting or exceeding the threshold prescribed by Presidential Decree" in Article 32(1) of the Act means an artificial intelligence system that meets all of the following criteria:

1. The cumulative computational power used for training shall be at least 10²? floating-point operations;

2. Considering the level of development of artificial intelligence technology, the system shall be configured and operated using the most advanced artificial intelligence technology among those currently utilized in artificial intelligence systems;

3. The level of risk of the artificial intelligence system is such that it is likely to have a widespread and significant impact on human life, bodily safety, and fundamental rights.

(2) The specific method for calculating the cumulative computational power used for training under paragraph (1)1 shall be determined and publicly notified by the Minister of Science and ICT.

Article 25(Procedures for confirmation of high-impact artificial intelligence) #

(1) If an artificial intelligence business operator intends to request confirmation of whether its artificial intelligence constitutes high-impact artificial intelligence under Article 33(1) of the Act, the operator shall submit a request for confirmation of high-impact artificial intelligence, using the form provided in the Appendix, along with the following documents, to the Minister of Science and ICT:

1. Overview of the relevant artificial intelligence product or artificial intelligence service;

2. Overview of the training data used for the development and training of the relevant artificial intelligence system;

3. Materials that can verify the process and results of utilizing the relevant artificial intelligence system;

4. Other documents that may be used as reference to verify whether it is high-impact artificial intelligence.

(2) Upon receiving a request under paragraph (1), the Minister of Science and ICT shall determine whether the artificial intelligence in question constitutes high-impact artificial intelligence, considering the following matters:

1. Whether artificial intelligence is utilized in any of the areas listed in subparagraph 4 of Article 2 of the Act;

2. The impact, severity, and frequency of risks that may pose a threat to human life, bodily safety, and fundamental rights, as well as the specific characteristics of each area of application;

3. The results of the prior review conducted by the artificial intelligence business operator under Article 33(1) of the Act;

4. Where advice has been sought from the specialized committee established under Article 33(2) of the Act (hereinafter referred to as the "specialized committee"), the results of the advice;

5. Other matters necessary for confirming whether artificial intelligence constitutes high-impact artificial intelligence, as prescribed and publicly notified by the Minister of Science and ICT.

(3) Upon receiving a request under paragraph (1), the Minister of Science and ICT shall reply with the results within 30 days from the date of receipt: provided, if a reply cannot be provided within 30 days due to the complexity or importance of the product, etc. in question, the deadline may be extended once for up to 30 days; in such cases, the Minister shall notify the requester in writing of the reasons for the extension and the extended period.

(4) If the artificial intelligence business operator that has received a response under paragraph (3) has an objection to the result of the response, the operator shall submit to the Minister of Science and ICT within 10 days from the date of receiving the response a request for reconfirmation for high-impact artificial intelligence in the form attached hereto, along with the following documents:

1. The result of the response provided by the Minister of Science and ICT in accordance with the previous request for confirmation;

2. Other documents that may serve as reference for reconfirming whether it is high-impact artificial intelligence.

(5) Upon receiving a request for reconfirmation under paragraph (4), the Minister of Science and ICT shall, after consulting with the specialized committee, reconfirm whether the artificial intelligence in question constitutes high-impact artificial intelligence and shall respond with the result within 30 days from the date of receiving the request.

(6) The Minister of Science and ICT may, where necessary in connection with a request under paragraph (1) or a request for reconfirmation under paragraph (4), request relevant agencies to submit their opinions.

Article 26(Establishment and operation of specialized committees) #

(1) A specialized committee shall consist of at least 50 members, who shall be appointed or commissioned by the Minister of Science and ICT from among the following persons:

1. A public official of a central administrative agency in charge of artificial intelligence-related duties who is recommended by the head of that agency;

2. An individual with extensive knowledge and experience in the fields, including artificial intelligence-related technology, ethics, and law;

3. A person recommended by the head of a central administrative agency as having expertise in any of the areas listed in subparagraph 4 of Article 2 of the Act.

(2) The chair of the specialized committee shall be designated by the Minister of Science and ICT from among the members.

(3) The term of office of members of the specialized committee shall be 2 years, and they may be reappointed consecutively only once.

(4) The specialized committee may establish a subcommittee consisting of 5 members to efficiently perform advisory duties regarding high-impact artificial intelligence under Article 33(2) of the Act.

(5) The chair of the specialized committee may, where necessary, require relevant experts to attend a meeting of the committee and to make statements on agenda items.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the operation of specialized committees shall be determined and publicly notified by the Minister of Science and ICT.

Article 27(Responsibilities of business operators regarding high-impact artificial intelligence) #

(1) An artificial intelligence business operator shall post the following matters among the measures listed in Article 34(1) of the Act at its office or place of business or on its website: provided, matters constituting trade secrets as defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act may be excluded:

1. The main contents of the risk management measures under Article 34(1)1 of the Act, including risk management policies and organizational structure;

2. The main contents of the explanation measures under Article 34(1)2 of the Act;

3. User protection measures under Article 34(1)3 of the Act;

4. The name and contact information of the person managing and supervising the relevant high-impact artificial intelligence under Article 34(1)4 of the Act.

(2) An artificial intelligence business operator shall implement the measures under each subparagraph of Article 34(1) of the Act and retain the supporting documents for 5 years (including retention through electronic means).

(3) Where an artificial intelligence-using business operator that has received an AI system from an AI business operator who has implemented all or part of the measures under Article 34(1)1 through 3 of the Act does not make any significant functional changes, such as substantially altering the original purpose or intended use of the artificial intelligence system, the artificial intelligence-using business operator shall be deemed to have implemented all or part of the measures under Article 34(1)1 through 3 of the Act.

(4) An artificial intelligence using-business operator may request an artificial intelligence developer to provide data necessary to fulfill responsibilities under Article 34(1) of the Act, and the artificial intelligence developer shall endeavor to cooperate therewith.

(5) The cases in which an artificial intelligence business operator is deemed to have implemented the measures under Article 34(1) of the Act, in accordance with paragraph (3) of that Article, are as specified in Appendix 1.

Article 28(Impact assessment of high-impact artificial intelligence) #

(1) The impact assessment under Article 35(1) of the Act (hereinafter referred to as the "impact assessment") shall include the following:

1. Identification of individuals or groups who are likely to be affected in their life, physical safety, or fundamental rights by products or services using the relevant high-impact artificial intelligence;

2. Identification of types of fundamental rights that may be affected in connection with the relevant high-impact artificial intelligence;

3. The content and scope of social and economic impacts on fundamental human rights of persons that may arise from the relevant high-impact artificial intelligence;

4. The patterns of use of the relevant high-impact artificial intelligence;

5. The quantitative and qualitative metrics employed in the impact assessment and the methods used to generate results;

6. Matters relating to the prevention and mitigation of risks and the recovery from losses arising from the relevant high-impact artificial intelligence;

7. Where the results of the impact assessment indicate that improvements are necessary, matters relating to the implementation plan for the improvements.

(2) An artificial intelligence business operator may conduct an impact assessment directly or by commissioning a third party.

(3) Except as provided in paragraphs (1) and (2), matters necessary for impact assessment shall be determined and publicly notified by the Minister of Science and ICT.

Article 29(Criteria for business operators designated as domestic agents) #

(1) "Persons meeting the criteria prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 36(1) of the Act refers to any of the following artificial intelligence business operators:

1. An artificial intelligence business operator whose revenue in the previous year (or in the previous fiscal year in the case of a corporation) is of 1 trillion won or more;

2. An artificial intelligence business operator whose revenue in the artificial intelligence services sector in the previous year (referring to the previous fiscal year in the case of a corporation) is 10 billion won or more;

3. An artificial intelligence business operator whose artificial intelligence products and artificial intelligence services have been used by an average of at least 1 million domestic users per day over the 3 months immediately preceding the end of the previous year;

4. An AI business operator that has been subject to an administrative fine under Article 43(1)3 of the Act.

(2) The revenue under paragraph (1)1 and 2 shall be calculated in Korean won using the average exchange rate of the previous year (referring to the preceding fiscal year in the case of a corporation).

Article 30(Preparation of fact-finding surveys, statistics, and indicators) #

(1) The scope of fact-finding surveys conducted under Article 38(1) of the Act (hereinafter referred to as "fact-finding survey") and the preparation of statistics and indicators shall be as follows:

1. The current state of the artificial intelligence industry and the scale of domestic and international markets;

2. The sales performance and business status of artificial intelligence business operators;

3. The workforce status of human resources in the artificial intelligence industry and the current supply and demand thereof;

4. The current state and operation of facilities related to the artificial intelligence industry;

5. Trends in technologies related to the artificial intelligence industry and the status of research and development;

6. International trends in artificial intelligence technology and the artificial intelligence industry;

7. Major domestic and international legal and regulatory trends related to the artificial intelligence industry;

8. The current state of investments in the artificial intelligence industry;

9. Other matters deemed necessary by the Minister of Science and ICT for the planning, formulation, and implementation of the master plan and policy measures and programs regarding artificial intelligence and related matters.

(2) Fact-finding surveys, statistics, and indicators shall be prepared using methods, such as field surveys, literature reviews, and survey questionnaires, and, where necessary, may be conducted electronically using information and communication networks or e-mail.

(3) The survey results, statistics, and indicators shall be published on the website, etc. of the Ministry of Science and ICT.

Article 31(Entrustment of tasks) #

(1) "Matters prescribed by Presidential Decree" in Article 39(2)7 of the Act means the following tasks:

1. Support for the development of artificial intelligence-converged products and services under Article 19(2) of the Act;

2. Support for the use of artificial intelligence data centers under Article 25(2)2 of the Act;

3. Support for the operation of specialized committees under Article 33(2) of the Act;

4. Preparation of fact-finding surveys, statistics, and indicators under Article 38 of the Act.

(2) The Minister of Science and ICT may entrust the tasks specified in each subparagraph of Article 39(2) of the Act and in paragraph (1)1, 2, and 4 of this Article to public institutions or associations in accordance with Article 39(2) of the Act.

(3) The Minister of Science and ICT may entrust the task under paragraph (1)3 of this Article to the Artificial Intelligence Policy Center or AISI under Article 39(2) of the Act.

(4) Where the Minister of Science and ICT entrusts tasks under paragraphs (2) and (3), the Minister shall publicly announce the entrusted institution or organization and the details of the entrusted tasks on the website of the Ministry of Science and ICT.

Article 32(Criteria for imposition of administrative fines) #

The criteria for the imposition of administrative fines under Article 43(1) of the Act shall be as specified in Appendix 2.

Article 33(Re-examination of regulation) #

The Minister of Science and ICT shall examine the appropriateness of the following matters every 3 years, counting from January 1, 2026 (referring to the period that ends on the day before January 1st of every 3rd year) and shall take measures, such as making improvements:

1. Criteria for the designation and revocation of designation of a dedicated institution for artificial intelligence clusters under Article 18;

2. Criteria for systems subject to the obligation to ensure artificial intelligence safety under Article 24;

3. Criteria for business operators designated as domestic agents under Article 29;