South Korea

KR regulates AI through Special Law for the Promotion of the Artificial Intelligence Industry introduced (Bill No. 2210957).

Special Law for the Promotion of the Artificial Intelligence Industry introduced (Bill No. 2210957) · effective 2025-06-19

In force🤖 AI-compiled

Updated 60 days ago · 3 sources · confidence: medium

Overview

Overview · Ready

Overview

South Korea's approach to AI regulation is characterized by a strategic balance between fostering innovation and establishing a robust framework for trust and safety. The nation has rapidly advanced its regulatory landscape, culminating in the enactment of the Artificial Intelligence Basic Act in 2025, which fully came into effect on January 22, 2026. This landmark legislation positions South Korea as a global leader in comprehensive AI governance, aiming to protect human dignity and rights, enhance the quality of life, and strengthen national competitiveness in the AI domain. The overarching strategy is rooted in a "Human-Centered" philosophy, emphasizing ethical development and deployment across both public and private sectors, guided by principles such as respect for human dignity, pursuit of the public good, and technological appropriateness. This comprehensive framework is further supported by a suite of policies and guidelines that address specific aspects of AI, including data protection, cybersecurity, and ethical considerations for generative AI. The government's commitment to digital transformation, as outlined in the 2022 Digital Strategy of South Korea, underpins these efforts, with significant investments in AI research and development, infrastructure, and talent cultivation. While promoting a "prior permissive / ex-post regulation" philosophy to encourage innovation, the regulatory regime increasingly introduces targeted measures for high-impact and high-risk AI systems, ensuring that societal benefits are realized while potential harms are mitigated through robust oversight and accountability mechanisms.

Regulatory approach

South Korea employs a hybrid regulatory approach that combines horizontal, overarching legislation with sector-specific guidance and a strong emphasis on soft law instruments. The Artificial Intelligence Basic Act serves as the foundational, horizontal framework, establishing broad principles for AI governance, industrial policy, and risk management that apply across various sectors. This Act is complemented by the Personal Information Protection Act (PIPA), which provides a critical horizontal layer for data protection, including specific provisions for automated decision-making and AI-related privacy risks. The regulatory philosophy often leans towards "prior permissive / ex-post regulation," particularly in earlier policy documents and proposed bills, aiming to foster innovation by allowing development unless specific threats to life, safety, or fundamental rights are identified. However, this permissive stance is increasingly balanced by a risk-based approach, where obligations are tiered according to the potential impact of AI systems. The AI Basic Act, for instance, introduces enhanced responsibilities for "High-Impact AI" systems that could significantly affect human life, physical safety, or fundamental rights, mandating risk assessments and human oversight. Similarly, the Generative AI Service User Protection Guideline and the AI Security Guide provide practical, albeit voluntary, frameworks for mitigating risks associated with generative AI and cyber threats, respectively. While many guidelines are non-binding, they are positioned as baseline expectations for the sector, with regulatory bodies reserving the option to introduce statutory measures if necessary, reflecting an evolving regulatory maturity and a proactive stance towards emerging AI challenges. South Korea has established a multi-layered governance structure to oversee the development and regulation of AI, involving several key ministries and specialized agencies. The Ministry of Science and ICT (MSIT) serves as the central coordinating authority for national AI strategy and implementation, responsible for formulating and executing the National AI Basic Plan and developing various guidelines, including the AI Security Guide. Under the AI Basic Act, the National AI Committee, operating under the President, acts as the central coordinating authority for national AI strategy, ensuring a comprehensive and coherent approach across administrative bodies. The Act also provides for the establishment of supporting institutions like the AI Policy Center and the AI Safety Research Institute, tasked with specialized policy development, research, advice, and education related to AI safety and trust. The Personal Information Protection Commission (PIPC) is the independent national data protection authority, playing a crucial role in regulating AI systems that process personal information. PIPC is responsible for enforcing the Personal Information Protection Act (PIPA), issuing guidelines on AI privacy risk management, automated decision rights, and the processing of publicly available personal data for AI development. The Korea Communications Commission (KCC) focuses on broadcasting and telecommunications, and has issued guidelines such as the Generative AI Service User Protection Guideline, aiming to prevent user harm from generative AI services. Additionally, the Korea Internet & Security Agency (KISA) collaborates with MSIT on cybersecurity, co-publishing the AI Security Guide and contributing to the security of the internet environment. For the robotics sector, the Korea Institute for Robot Industry Advancement (KIRIA), established under the Ministry of Trade, Industry and Energy, fosters the intelligent robotics industry, supporting R&D, product quality, and safety. This distributed yet coordinated approach ensures that various aspects of AI are addressed by relevant expert bodies.

Enforcement & penalties

The enforcement landscape for AI regulations in South Korea is evolving, with a mix of administrative measures, corrective orders, and potential fines, particularly under existing data protection laws. While the overarching AI Basic Act, effective January 22, 2026, establishes a comprehensive framework, it includes an initial one-year grace period for administrative fines and corrective orders, emphasizing guidance and ecosystem development over immediate punitive enforcement. During this grace period, the Ministry of Science and ICT (MSIT) is focused on drafting and refining subordinate regulations and guidelines to clarify compliance details. However, once fully effective, non-compliance with the AI Basic Act's obligations, particularly concerning high-impact AI systems and generative AI transparency, could lead to administrative measures and fines. Under the Personal Information Protection Act (PIPA), which has been significantly amended to address AI-related aspects, the Personal Information Protection Commission (PIPC) has enhanced administrative enforcement powers. Failure to perform required privacy impact assessments or to submit results can trigger fines, with the PIPC previously indicating administrative fines up to KRW 30,000,000 for such violations. The amended PIPA also significantly increases administrative penalties, with maximum fines potentially reaching 10% of total revenue in specific circumstances, such as repeated violations, those affecting large numbers of data subjects, or non-compliance with corrective orders. While guidelines like the Generative AI Service User Protection Guideline are voluntary, non-adoption or clear disregard for their recommendations may lead to reputational consequences and referrals to relevant enforcement authorities under existing laws, such as personal data protection and communications regulations.

Data protection

South Korea's data protection framework is primarily governed by the Personal Information Protection Act (PIPA), which underwent a major amendment in March 2023 to specifically address the challenges posed by data-driven services and artificial intelligence. This amendment introduced significant data-subject rights concerning automated decision-making, granting individuals the right to request a concise, meaningful explanation or human review of decisions made solely through automated processes that materially affect their rights or obligations. Data subjects also have the right to refuse such automated decisions in cases with significant impact. Data controllers are now required to disclose in advance the use of automated decision-making, along with the criteria and procedures applied, in an accessible and intelligible format. Beyond automated decisions, the PIPA amendment expanded the right to data portability, allowing individuals to request the transmission of their personal information to themselves or to third-party controllers. The Personal Information Protection Commission (PIPC) has been instrumental in implementing these changes, publishing detailed guidelines such as the "Automated Decision Rights Guide," the "AI Privacy Risk Management Model," and the "Guide on Processing Publicly Available Personal Data for AI Development and Services". These guidelines clarify legal bases, de-identification standards, and lifecycle governance practices, particularly emphasizing the "legitimate interests" ground for processing publicly available personal data for AI development under specific conditions. The framework also strengthens organizational responsibilities, requiring Chief Privacy Officers (CPOs) and mandating internal management plans, technical and organizational security measures, and privacy impact assessments.

Sector-specific rules

While South Korea's AI regulatory landscape is largely characterized by horizontal legislation, certain sectors have specific rules or are explicitly identified for enhanced AI oversight. The Act on the Development and Supply (Distribution) of Intelligent Robots, enacted in 2008 and frequently amended, provides a dedicated framework for the intelligent robotics industry. This Act aims to promote R&D, assure product quality and safety, and address ethical concerns specific to robot deployment, including requirements for a Robot Ethics Charter and specialized safety certification for outdoor mobile robot operations. The Korea Institute for Robot Industry Advancement (KIRIA) plays a key role in implementing this Act, supporting industry growth and standardization. Furthermore, the AI Basic Act and various guidelines explicitly recognize and impose enhanced obligations on AI systems operating in critical or high-impact sectors. For instance, "High-Impact AI" under the AI Basic Act is presumed to include systems in domains such as the supply of energy and drinking water, healthcare provision, medical device development, nuclear facility management, biometric analysis for criminal investigations, and critical decisions affecting employment and loan assessments. Operators in these areas face heightened requirements for risk management plans, pre-deployment impact assessments, and human oversight. The Notice on Personal Information Impact Assessment also introduces AI-specific criteria for public institutions, which often operate in sensitive sectors, ensuring privacy, security, and fundamental rights protections for AI uses in public services like healthcare or social welfare. The Generative AI Ethics Guidebook also highlights heightened risks where generative AI is applied to healthcare, finance, education, journalism, and public administration, suggesting layered governance measures commensurate with the risk level.

International alignment

South Korea actively seeks to align its AI regulatory framework with international norms and best practices, drawing inspiration from global discussions and established frameworks. The country's risk-based approach, particularly the categorization of "high-impact AI" in its AI Basic Act, shows conceptual parallels with the European Union's AI Act, which also employs a risk-tiered regulatory model. The Personal Information Protection Commission (PIPC) has explicitly stated that its new AI-specific criteria for privacy impact assessments reflect international trends, including concepts found in the EU AI Act's DPIA/FRIA (Data Protection Impact Assessment/Fundamental Rights Impact Assessment) provisions, signaling an intent to harmonize privacy and AI governance in public services. Beyond direct legislative parallels, South Korea is a strong proponent of principle-based international cooperation, as evidenced by its "Charter on the Values and Principles for a Digital Society of Mutual Prosperity" (Digital Bill of Rights). This charter aligns with broader international efforts, such as those by the OECD, to establish guiding principles for digital governance, including freedom, fairness, safety, innovation, and solidarity. The "Human-Centered Artificial Intelligence Ethics Standards," developed by MSIT, also reflect widely recognized international ethical AI principles, emphasizing human dignity, public good, and technological appropriateness. South Korea's National Strategy for Artificial Intelligence also positions the country to lead international digital policy debates and standard-setting forums like the ITU, 3GPP, OECD, and G20 digital ministers, fostering bilateral and multilateral digital cooperation.

What's next

South Korea's AI regulatory landscape is dynamic and poised for further evolution, with ongoing efforts to refine and expand the existing framework. The AI Basic Act, while in force since January 22, 2026, includes a one-year grace period for administrative fines and corrective orders, during which the Ministry of Science and ICT (MSIT) will be actively involved in drafting and refining subordinate regulations, presidential decrees, and ministerial guidelines. These implementing regulations are crucial for clarifying specific compliance requirements and enforcement mechanisms, and their release in the first half of 2025 was anticipated, indicating an ongoing process of detailed rulemaking. This phased approach allows for flexibility and adaptation as AI technology continues to advance. Furthermore, regulatory bodies like the Personal Information Protection Commission (PIPC) and the Korea Communications Commission (KCC) have committed to continuous review and updates of their respective guidelines. The KCC's "Generative AI Service User Protection Guideline," for instance, is scheduled for its first formal review every two years from its effective date, allowing for adjustments based on empirical monitoring and stakeholder feedback. The PIPC has also indicated that further sector-specific and small-entity guidance will follow its AI Privacy Risk Management Model, ensuring that the framework remains adaptable and proportionate across various organizational sizes and AI development patterns. The Digital Strategy of South Korea also commits the nation to specific timelines for regulatory and institutional reforms, including proposals for a Digital Society Framework Act and five major digital economy acts, suggesting a pipeline of future legislative initiatives that will further shape the AI regulatory environment.

Regulations

Regulations · 24

Special Law for the Promotion of the Artificial Intelligence Industry introduced (Bill No. 2210957)in_force

act · Effective Jun 19, 2025

The Bill aims to support the AI industry to secure AI sovereignty, strengthen national competitiveness, and contribute to national economic development. Key features include: (1) several measures to promote and support the industry, such as establishing a basis for strategic planning to enhance AI industry competitiveness, designating and supporting the creation and operation of AI mega clusters, and promoting and verifying new AI research projects; (2) special provisions regarding the dissemination of research and development results, strategic AI projects, implementation of pilot projects, and the establishment of corporate joint research institutes; (3) groundwork for fostering industry personnel, including attracting overseas talent, surveying supply and demand trends, securing regional personnel, and promoting youth talent development through training programmes and information cooperation; and (4) grounds for financial support, such as expanding AI infrastructure, designating and supporting AI data centre special zones, special provisions regarding preliminary feasibility studies, establishing an AI industry promotion special account, tax provisions, and employment subsidies.

Sources:

Special Law for the Promotion of the Artificial Intelligenc…Special Law for the Promotion of the Artificial Intelligenc…

인공지능 발전과 신뢰 기반 조성 등에 관한 기본법in_force

act · Effective Jan 1, 2025

Sources:

인공지능 발전과 신뢰 기반 조성 등에 관한 기본법

Generative AI Service User Protection Guideline (생성형 인공지능 서비스 이용자 보호 가이드라인) - Broadcasting and Communications Commissionin_force

guideline · Effective Jan 1, 2025

Sources:

Generative AI Service User Protection Guideline (생성형 인공지능 서…

Notice on Personal Information Impact Assessment (개인정보 영향평가에 관한 고시) - amendment introducing AI-specific/AI-related assessment criteria for public institutionsin_force

regulation · Effective Jan 1, 2025

Sources:

Notice on Personal Information Impact Assessment (개인정보 영향평가…

인공지능 발전과 신뢰 기반 조성 등에 관한 기본법in_force

act · Effective Jan 1, 2025

Sources:

인공지능 발전과 신뢰 기반 조성 등에 관한 기본법

Automated Decision Rights Guide (자동화된 결정에 대한 정보주체의 권리 안내서) - Personal Information Protection Commissionadopted

guideline · Effective Jan 1, 2024

Sources:

Automated Decision Rights Guide (자동화된 결정에 대한 정보주체의 권리 안내서) …

AI Privacy Risk Management Model (안전한 AI·데이터 활용을 위한 AI 프라이버시 리스크 관리 모델) - Personal Information Protection Commissionin_force

guideline · Effective Jan 1, 2024

Sources:

AI Privacy Risk Management Model (안전한 AI·데이터 활용을 위한 AI 프라이버…

Guide on Processing Publicly Available Personal Data for AI Development and Services (AI 개발·서비스를 위한 공개된 개인정보 처리 안내서) - Personal Information Protection Commissionin_force

guideline · Effective Jan 1, 2024

Sources:

Guide on Processing Publicly Available Personal Data for AI…

인공지능(AI) 보안 안내서in_force

guideline · Effective Feb 13, 2023

Sources:

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publishes sui…Bill proposed to safeguard workers from AI-driven job losses National AI Strategy Committee adopts final action plan to …South Korea to invest $5.8 billion in semiconductor, AI, ba…ICT Ministry approves a comprehensive three-year plan to es…South Korea opens formal review channel for AI Basic Act ch…South Korea to map public-sector AI training data in first …South Korea moves to rationalize AI regulatory system South Korea passes law to speed AI data-center expansion South Korea official proposes AI profit social tax on tech …Bill amending local operations requirement in AI Framework …National Assembly's Political Affairs Committee approves pr…MIST opens consultation on amendment to Enforcement Decree …South Korea's deputy PM emphasizes AI wealth must benefit t…South Korea Trade Commission seeks examine competition issu…Communications Commission releases guidelines on user prote…PIPC investigates Kakao's AI service Kanana South Korea launches AI Copyright System 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Charter on the Values and Principles for a Digital Society of Mutual Prosperity (Digital Bill of Rights)adopted

policy · Effective Jan 1, 2023

Sources:

Charter on the Values and Principles for a Digital Society …

Generative AI Ethics Guidebook (NIA / KCC – sectoral guide for generative AI)in_force

guideline · Effective Jan 1, 2023

Sources:

Generative AI Ethics Guidebook (NIA / KCC – sectoral guide …

Personal Information Protection Act (amendment including provisions on automated decision-making/AI)in_force

act · Effective Jan 1, 2023

Sources:

Personal Information Protection Act (amendment including pr…

Digital Strategy of South Korea (national digital transformation strategy)adopted

policy · Effective Jan 1, 2022

Sources:

Digital Strategy of South Korea (national digital transform…

Human-Centered Artificial Intelligence Ethics Standards (National AI Ethics Standards)in_force

guideline · Effective Jan 1, 2020

Sources:

Human-Centered Artificial Intelligence Ethics Standards (Na…

National Strategy for Artificial Intelligenceadopted

policy · Effective Jan 1, 2019

Sources:

National Strategy for Artificial Intelligence National Strategy for Artificial Intelligence (2019)

Act on the Development and Supply (Distribution) of Intelligent Robotsin_force

act · Effective Jan 1, 2008

Sources:

Act on the Development and Supply (Distribution) of Intelli…

Framework Act on Artificial Intelligencein_force

act · Effective n/a

Sources:

Framework Act on Artificial Intelligence

PIPA amendments — automated decision-making provisionsin_force

policy · Effective n/a

Sources:

PIPA amendments — automated decision-making provisions

National AI Strategy and Ethics Guidelinesin_force

guideline · Effective n/a

Sources:

National AI Strategy and Ethics Guidelines

Intelligent Robots Development and Distribution Promotion Act (2008)in_force

act · Effective n/a

This Act establishes and promotes a policy on the sustainable development of the intelligent robot industry to facilitate the development and distribution of intelligent robots. An "intelligent robot" means "a mechanical device that perceives the external environment for itself, discerns circumstances, and moves voluntarily".

Sources:

Intelligent Robots Development and Distribution Promotion A…

[DRAFT] Artificial Intelligence Liability Act (Bill No. 2120353) (2023)proposed

act · Effective n/a

This bill aims to comprehensively regulate AI by establishing basic principles for the development and use of AI, outlining the responsibilities of the State and business operators that develop and use AI, establishing the rights of users of AI, and regulating high-risk AI systems, among other issues. Specifically, the Act would mandate the establishment of technical standards for AI by the government and permit the restriction of AI if it is deemed to be harmful. Further, the Act would require operators of high-risk AI to notify consumers and allow them to opt out of processing by high-risk AI.

Sources:

[DRAFT] Artificial Intelligence Liability Act (Bill No. 212…

Basic Act on the Development of Artificial Intelligence and the Establishment of Trust (AI Basic Act) (2024)in_force

act · Effective n/a

This act sets out (1) a risk-based approach under which AI systems will be classified based on their risk levels, ensuring that high-risk applications meet stricter standards; (2) provisions for transparency in algorithmic processes and accountability for AI misuse; (3) safeguards to ensure AI development aligns with principles of fairness, safety, and human rights; and (4) alignment with global AI governance standards, paving the way for cross-border cooperation.

Sources:

Basic Act on the Development of Artificial Intelligence and…

Act on Special Cases Concerning the Punishment of Sexual Crimes (2024)in_force

act · Effective n/a

This act makes it illegal to create sexually explicit deepfakes with the intention of distributing them, which is punishable by five years in prison or a fine of 50 million won ($37,900). Following an amendment passed on 26 September 2024, (1) the maximum sentence has increased to seven years regardless of the intention; and (2) anyone purchasing, saving or watching such material could face up to three years in jail or be fined up to 30 million won ($22,600).

Sources:

Act on Special Cases Concerning the Punishment of Sexual Cr…

Special Act on the Promotion of Artificial Intelligence Data Centres (Bill no. 2215928)in_force

act · Effective n/a

A bill that aims to strengthen national competitiveness by establishing a comprehensive legal framework for the promotion and systematic construction of AI data centers, which are recognized as essential strategic infrastructure. To overcome existing regulatory hurdles and the massive power demands of the AI era, the legislation streamlines complex licensing through a "unified window" for batch processing and introduces bold incentives, particularly for facilities located outside the metropolitan area. These incentives include tax reductions, exemptions from specific building requirements, and the critical ability for large-scale data centers to trade electricity directly with power generation companies.

Sources:

Special Act on the Promotion of Artificial Intelligence Dat…

Governance bodies

Governance bodies · 5

Ministry of Science and ICT (MSIT)

central_coordinator

Central coordinating authority for national AI strategy, R&D, and implementation of the AI Basic Act; fosters digital transformation and innovation.

Korea Communications Commission (KCC)

sectoral

Regulates broadcasting and telecommunications; responsible for user protection and public interest in the communications sector, including generative AI services.

Personal Information Protection Commission (PIPC)

data_protection

Independent national data protection authority; enforces the Personal Information Protection Act (PIPA) and issues guidance on AI-related privacy risks.

Korea Internet & Security Agency (KISA)

advisory

Specialized agency for internet and information security; collaborates with MSIT on cybersecurity measures for AI systems.

Korea Institute for Robot Industry Advancement (KIRIA)

central_coordinator

Fosters the intelligent robotics industry under the Ministry of Trade, Industry and Energy; promotes R&D, market formation, quality, and safety of robots.

Timeline

Timeline · 197

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May 22, 2026 · news

South Korea's deputy PM emphasizes AI wealth must benefit the public

Overview

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Overview

Regulations

Governance bodies

Timeline

International engagement

International memberships