Korea AI Basic Act Overview
The Framework Act on Artificial Intelligence Development and Trust (Act No. 20676) was promulgated on January 21, 2025 and has been in full force since January 22, 2026. Together with its Enforcement Decree (Presidential Decree No. 36053) and five government guidelines, high-impact AI operator duties and generative AI transparency obligations now apply in practice. A January 2026 amendment (Act No. 21311) reorganized the National AI Strategy Committee, with some provisions taking effect on July 21, 2026. The guidance period runs for at least one year.
Key Provisions
Key provisions and requirements of Korea AI Act.
Article 31
Transparency Obligations
Operators must give prior notice when a product or service runs on high-impact or generative AI, and label generative AI outputs. The duty falls on the operator that finally provides the service to users.
Key Requirements
- Prior notice that a product or service is AI-based
- Labeling of generative AI outputs (machine-readable watermarks allowed for creative content)
- Clearly perceivable indication of deepfake-like realistic synthetic content
Article 32
Safety Obligations
Applies to frontier AI systems trained with cumulative compute of 10^26 FLOPs or more that also meet criteria designated by the Minister of Science and ICT. The specific thresholds are set in the Enforcement Decree and ministerial notice.
Key Requirements
- Identify, assess and mitigate risks across the AI lifecycle
- Establish and operate a risk management system
- Submit implementation results to the Minister of Science and ICT
Articles 33-34
High-Impact AI Review and Operator Duties
Applies to AI in areas with significant impact on life, safety and fundamental rights, such as healthcare, hiring and finance.
Key Requirements
- Pre-review whether your AI qualifies as high-impact (confirmation may be requested from MSIT)
- Establish and operate a risk management plan
- Ensure explainability of AI results
- Implement user protection measures and human oversight
- Prepare and retain documentation
Article 35
AI Impact Assessment
Requires advance assessment of how high-impact AI affects fundamental rights.
Key Requirements
- Assess fundamental-rights impact of high-impact AI in advance
- May be performed directly or through a specialized third party
Article 36
Domestic Representative
Foreign AI operators without an address or place of business in Korea must appoint a domestic representative if they meet certain thresholds.
Key Requirements
- Prior-year total revenue of 1 trillion KRW or more
- AI service revenue of 10 billion KRW or more
- Average of 1 million or more daily Korean users over the preceding 3 months (any one criterion triggers the duty)
Article 43
Administrative Fines
Violations such as transparency failures, missing domestic representatives, or ignoring corrective orders carry fines of up to 30 million KRW. Breaches of AI operator duties themselves carry no criminal penalties, only administrative fines.
Key Requirements
- Fines of up to 30 million KRW
- Investigations and fines are generally deferred during the 2026 guidance period