Guide to the AI Basic Act: High-Risk AI Regulation and Artificial Intelligence Ethics

[AI Basic Act, Regulations, and the Essentials of AI Ethics]
A digital brain and scales symbolizing the balance between the AI Basic Act and AI ethics
With the rapid advancement of AI technology, legal and ethical standards for balancing safety and innovation are becoming increasingly critical.
Summary

As AI technology becomes deeply integrated into our daily lives, global discussions on the 'AI Basic Act' and the regulation of 'High-risk AI' are intensifying. This article provides a clear overview of the core components of AI regulation and explains why AI ethics are essential.

Check out the legal issues and future outlooks we must know to ensure a safe and trustworthy AI era.

1️⃣ Enacting the AI Basic Act: Why Now?

Since the emergence of generative AI like ChatGPT, artificial intelligence has been advancing at an incredible speed. However, alongside the benefits, unexpected side effects such as deepfake crimes, algorithmic bias, and copyright infringement are surfacing. As AI has moved beyond being a simple tool to becoming a force that exerts immense influence on society, the need for an 'AI Basic Act' and specific 'AI regulations' has never been more urgent.


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2️⃣ Global AI Regulation Trends and Korea's Path

The world is currently moving fiercely to achieve two goals: securing 'AI sovereignty' and ensuring 'safe utilization.' In particular, the European Union (EU) is setting the standard for regulation by passing the world's first comprehensive 'AI Act.' In line with these global trends, South Korea is also accelerating the preparation of bills to achieve both the promotion of the AI industry and the protection of users.

  • The Impact of the EU AI Act: The core is to classify AI into four levels based on risk and impose strict obligations, particularly on 'High-risk AI.'
  • Characteristics of Korea's AI Basic Act: Based on the principle of 'prioritize allowance, regulate later,' discussions are focusing on strictly managing areas directly related to life and safety.
  • The Dilemma between Regulation and Innovation: The biggest issue is how to enforce AI ethics without letting excessive regulation stifle technological advancement.
Doctor and AI interface in a high-tech medical field utilizing high-risk AI technology
AI in medical and transportation fields, which are directly related to human life, is classified as 'High-risk AI' and subject to stricter management.

3️⃣ Detailed Analysis of High-Risk AI and Core Ethical Principles

What is High-risk AI?

Not all AI is subject to regulation. High-risk AI refers to artificial intelligence that can have a significant impact on life, safety, and fundamental rights, such as medical devices, autonomous vehicles, recruitment systems, and credit evaluations. These AI systems can only be launched on the market if they comply with strict requirements, including data quality management, transparency, and human oversight.

Three Essential Core Principles of AI Ethics

Transparency, Fairness, and Accountability are the key pillars of AI ethics. We must be able to explain the decision-making process of AI (Transparency), it must not discriminate based on gender or race (Fairness), and it must be clear who is responsible when problems arise (Accountability).

Prohibited AI Technologies

AI that manipulates subconsciousness, monitors through social scoring, or uses real-time remote biometric identification (except for specific law enforcement exceptions) is essentially prohibited or extremely restricted due to high potential for human rights violations.

4️⃣ AI Strategies for Businesses and Individuals

  1. Adopting AI Impact Assessments for Businesses: Companies developing AI services should independently conduct 'AI Impact Assessments' to identify and remove ethical risks starting from the planning stage.
  2. Establishing Data Governance: Management systems must be established to resolve copyright issues with training data and secure high-quality, unbiased data.
  3. Cultivating AI Literacy for Individuals: Users must develop digital literacy to critically check if the information they encounter is AI-generated and to avoid being deceived by false information like deepfakes.

2️⃣ Comparative Analysis: EU AI Act vs. Korea's AI Basic Act

What are the differences between the EU's bill, which is becoming a global standard, and the South Korean bill currently under discussion? Understanding the key differences helps in predicting future regulatory directions.

EU: Strong Pre-emptive Regulation Based on Risk

The EU manages AI by dividing it into four levels: 'Unacceptable Risk,' 'High-risk,' 'Limited Risk,' and 'Minimal Risk.' It features strong pre-emptive regulation, such as mandatory conformity assessments before the launch of High-risk AI. Violations can lead to fines of up to 7% of global turnover.

Why You Should Know This Difference

Domestic AI companies aiming to enter the European market must familiarize themselves with these strict standards, as export itself may become impossible if these requirements are not met in advance.

Korea: Harmony Between Industry Promotion and Safety

South Korea's AI Basic Act bill tends to lean more toward industrial promotion. It seeks a compromise that encourages innovation with a 'prioritize allowance, regulate later' principle while ensuring firm safety measures for high-risk areas. However, discussions continue as civil groups demand stronger user protection measures.

Key Points for Readers

Domestic legislation is not yet finalized, and detailed contents can be strengthened at any time according to global regulatory trends.

A handshake scene symbolizing trust and cooperation between humans and AI
AI ethics are not about limiting technology but are an essential condition for humans and AI to coexist based on trust.

5️⃣ Frequently Asked Questions (FAQ) on AI Regulation

Q1. If the AI Basic Act passes, will services like ChatGPT be banned?
A. No. General chatbot services are not targets for banning; however, obligations to indicate AI-generated content may arise.
Q2. Will creating deepfake videos be punished?
A. Yes. Creating and distributing deepfakes that cause sexual humiliation or defamation against a person's will is strictly punished under current laws, and obligations like watermark displays will be strengthened under the AI Basic Act.
Q3. What are the criteria for identifying High-risk AI?
A. Areas where malfunctions could cause serious harm to life, property, or fundamental rights, such as healthcare, nuclear power, transportation, recruitment, and loan reviews, are included.
Q4. What preparations should companies make?
A. They should check if their AI services belong to high-risk categories and prepare for data bias checks and transparency report writing.
Q5. Who owns the copyright to AI-created works?
A. Currently, most countries, including Korea, do not recognize AI itself as a copyright holder. Recognition may depend on the level of human creative contribution.
Q6. Do AI ethics guidelines have legal effect?
A. The guidelines themselves are recommendations, but they can serve as important interpretive standards for enforcement decrees or court rulings of the future AI Basic Act.

💡 Practical Tips

💡 Tips for Identifying AI Generations
Recently, AI-generated videos and images on YouTube and social media have been surging. For images, if finger shapes look awkward or background text is blurred, it is highly likely to be AI-generated. Additionally, it is good to develop the habit of checking for 'AI-generated' or 'Virtual Human' labels in video descriptions.
A striking image calling for attention to AI regulation and caution
AI regulation is not a hurdle to innovation but a seatbelt for moving toward a safer future.

⚠️ Points to Remember

⚠️ Caution Regarding Copyright and Portrait Rights
Even for AI-synthesized images or voice clones (AI cover songs, etc.) made for fun, posting them in public or monetizing them without consent can lead to legal disputes over portrait and publicity rights. Please exercise caution.

6️⃣ Toward a Safe and Trustworthy AI Era

AI technology is already an unstoppable force. The AI Basic Act and regulations are not intended to stifle technology but are the minimum safety devices for us to use this powerful tool safely. Just as important as legal systems is the ethical awareness of all of us who develop and use the technology.

Continuous interest and monitoring are needed to ensure that technological advancement does not harm human dignity but enriches life. True AI innovation will be achieved when warm technology and cool reason harmonize.

If you are curious about more detailed AI policy trends and real-life application cases, consider subscribing to related newsletters or checking out recommended videos.


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💡 Key Summary
  • The AI Basic Act is essential for preventing AI side effects like deepfakes and bias while ensuring safe utilization.
  • Areas directly related to life and rights, such as healthcare and recruitment, are classified as 'High-risk AI' and strictly regulated.
  • Transparency, Fairness, and Accountability are the three core ethical principles to follow in AI development and use.
  • Businesses conducting impact assessments and individuals developing AI literacy are key competencies for the future.
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