Analyzing South Korea's Framework Act on the Development of AI

South Korea has become the second country in the world, following the EU, to enact a comprehensive regulatory law on artificial intelligence.

The Framework Act on the Development of Artificial Intelligence and Establishment of Trust Foundation or the AI Framework Act, which integrated 19 bills proposed in the 22nd National Assembly, passed the plenary session 26 Dec. 2024 with overwhelming bipartisan support despite political turmoil involving President Yoon Suk Yeol's declaration of martial law and subsequent impeachment.

The act was promulgated 21 Jan. and will take effect 22 Jan. 2026, following a one-year preparation period. During this period, subordinate legislation and sector-specific guidelines that define the specific types and scope of high-impact AI will be finalized and enacted.

Purpose and definitions

The act aims to protect citizens' rights and dignity, improve their quality of life, and strengthen national competitiveness by regulating fundamental matters necessary for the sound development of AI and establishment of a foundation of trust.

It defines AI as "the electronic implementation of human intellectual abilities such as learning, reasoning, perception, judgment, and language understanding" and AI systems as "AI-based systems that infer outputs such as predictions, recommendations, and decisions that affect real and virtual environments for given objectives, with varying levels of autonomy and adaptability."

Scope and regulatory approach

The AI Framework Act includes both promotional provisions to support AI development and regulatory measures to establish a foundation of trust. For promotion, it uses comprehensive concepts like AI, AI systems and AI technology, while regulation primarily targets high-impact and generative AI.