AIGP Study Guide
Module 4: AI Regulation · BoK IV.B

South Korea's AI Basic Act

The AI Basic Act is the second comprehensive national AI law, effective January 2026. It applies duties uniformly to Business operators (Development and Utilization types) rather than provider/deployer, lists 11 high-risk categories, and fines up to 30 million won enforced by the Minister of Science and ICT.

The second comprehensive national AI law after the EU AI Act. Effective January 2026, with its own vocabulary worth learning precisely.

  • Full name → Act on the Development of Artificial Intelligence and Establishment of Trust; aims to protect rights and interests of the people, improve quality of life and strengthen national competitiveness.
  • Establishes a National Artificial Intelligence Committee that recommends to agency heads and decides major AI policies.
  • Extraterritorial → applies if South Korean users or the market are affected; excludes AI solely for national defence or national security.
Business operators, not provider/deployer

Obligations fall uniformly on 'business operators' in two flavours → AI Development Business Operator (develops and provides AI) and AI Utilization Business Operator (provides products or services using AI). Foreign operators without a domestic address meeting decree thresholds must appoint a domestic agent in writing, reporting to the Minister of Science and ICT.

High-impact AI

Defined as AI that may significantly impact or pose a risk to human life, physical safety and basic rights → the Act lists 11 high-risk categories including healthcare, management of nuclear materials and production of drinking water. Operators must review in advance whether their AI is high impact.

  1. Risk management and user protection.
  2. Explanation measures → the results derived, the main criteria used, and an overview of the learning data.
  3. Human management and supervision.
  4. Documentation confirming safety and reliability measures.
  5. An impact assessment on people's fundamental rights
Exam flash - South Korea fines

Up to 30 million won for failing (a) notification requirements, (b) domestic agent designation, or (c) a suspension or corrective order. Investigations and fines sit with the Minister of Science and ICT.

Key terms - quick answers

What is “AI Basic Act”?
South Korea's Act on the Development of AI and Establishment of Trust; second national comprehensive AI law, effective Jan 2026.
What is “Business operator”?
South Korea's role term covering AI Development and AI Utilization operators (replaces provider/deployer).
What is “National AI Committee”?
South Korean body that recommends to agency heads and decides major AI policies.