South Korea to Enact the World's First AI Basic Act? Core Summary of 2026 AI Policies and Regulations

South Korea's AI Basic Act: A Complete Guide to AI Policy and Regulatory Changes in 2026
Futuristic office landscape and digital scales symbolizing the enactment of the Korean AI Basic Act
The South Korean AI Basic Act is a significant milestone in finding the balance between technological advancement and a safe society.
Summary

With global discussions on AI regulation intensifying, interest in the enactment of South Korea's "AI Basic Act" is at an all-time high. New AI policies, expected to be fully implemented starting in 2026, signal major changes across our lives and industries.

This article provides an easy-to-understand summary of the South Korean AI Basic Act's main contents, high-risk AI regulations, and core preparations that businesses and individuals should make in advance.

1️⃣ Why is the South Korean AI Basic Act the Hottest Topic Right Now?

Since the debut of ChatGPT, AI technology has advanced at a staggering speed, penetrating deep into our daily lives. However, concerns regarding side effects like deepfake crimes, algorithmic bias, and copyright issues are also growing. Consequently, led by the European Union's "AI Act," the world is accelerating efforts to establish AI regulations. South Korea is also fiercely debating the "Act on the Promotion of the AI Industry and Establishment of a Foundation for Trust (aka the AI Basic Act)" in its National Assembly. This is drawing attention not merely as a restriction, but as an essential process for creating a safe AI ecosystem.


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2️⃣ 2026 AI Policy: Analyzing the Balance Between Regulation and Promotion

South Korea's AI policy is shifting away from its initial "allow first, regulate later" stance toward a "Risk-based Approach." The new policy trend set to be established by 2026 focuses on a "balance" that protects citizens' safety without hindering industrial innovation.

  • Intensive Management of High-Risk AI: Strict standards will be applied to AI sectors that significantly impact human life, physical safety, and fundamental rights (e.g., healthcare, recruitment, loan screening).
  • Self-Regulation and Innovation Support: For general AI services with low risk, corporate autonomy is guaranteed to the maximum to encourage technological innovation.
  • Formalization of the Digital Bill of Rights: The legal right for citizens to be free from discrimination and to receive transparent information regarding AI technology use will be strengthened.
Tablet screen displaying an AI safety guidelines checklist
Companies and developers must meticulously check whether their upcoming AI services meet regulatory standards.

3️⃣ 3 Core Elements of the Artificial Intelligence Bill

Definition and Obligations of High-Risk AI

The most important change is the clear definition of High-Risk AI. AI that directly affects human life, such as medical devices, autonomous driving, job interviews, and credit evaluation, is classified as 'High-Risk.' These service providers must comply with obligations such as data quality management, record keeping, and human oversight, facing strong sanctions upon violation.

Ensuring Transparency and the Right to Explanation

Users must be able to clearly perceive the fact that they are interacting with an AI. Furthermore, a right to demand an explanation for decisions made by AI (e.g., loan rejection, recruitment failure) will be included. This is intended to resolve the opacity of AI algorithms, often referred to as 'black boxes.'

Establishment of a National AI Committee and Dedicated Agencies

To establish systematic AI policies, a National AI Committee under the President or Prime Minister will serve as a control tower. Additionally, dedicated agencies like the AI Safety Institute will be established to verify technical safety and lead harmonization with international regulatory standards (such as ISO).

4️⃣ The Era of AI Regulation: How Should We Prepare?

  1. Corporate Compliance Checks: Companies developing or introducing AI services should diagnose in advance whether their services fall under 'High-Risk AI' and prepare necessary technical safety measures.
  2. Cultivating Individual AI Literacy: General users need to develop the ability to critically accept AI-generated information and form a habit of meticulously checking terms of service regarding how their data is utilized.
  3. Continuous Policy Monitoring: Detailed enforcement decrees of the bill will continue to be refined until 2026. Regularly check related news or government announcements to respond flexibly to changes.

2️⃣ Understanding Core Insights at a Glance

Instead of complex legal jargon, we summarize the impact of the AI Basic Act on our lives through core concepts. Understanding this flow alone will give you an eye for future changes.

What is a Risk-based Approach?

It is a method of managing AI by categorizing it into 'Prohibited,' 'High-Risk,' 'Low-Risk,' and 'Minimal Risk' rather than regulating all AI equally. This is intended to preserve innovation while ensuring safety.

Why You Should Understand This Concept

Because knowing which grade the service you use belongs to allows you to predict how strictly that service handles your data or what legal protection you can receive.

Mandatory Watermarking and Identifiability

Images or videos created by generative AI must include a mark (watermark) indicating that it was 'Generated by AI.' This is a core mechanism to prevent confusion caused by fake news or deepfakes.

A Point for Readers to Note Before Moving to the Next Step

Distinguishing whether online content is 'Human-made' or 'AI-made' will become an important digital survival skill in the future.

Bright community center where people of various ages learn AI technology together
As AI technology develops, education and inclusion become crucial so that everyone can enjoy technology safely without being marginalized.

5️⃣ Frequently Asked Questions (FAQ)

Q1. When will the South Korean AI Basic Act take effect?
A. It is currently pending in the National Assembly; upon passage, it is expected to be fully implemented around 2026 following a 1-2 year grace period.
Q2. Will I be punished for using services like ChatGPT?
A. No. The primary targets of regulation are the 'companies' providing the service. General users just need to use them safely.
Q3. What are examples of High-Risk AI?
A. Typical examples include medical diagnostic devices, autonomous vehicles, applicant filtering systems, and credit rating AI.
Q4. Are there fines for violating the law?
A. Yes, if a high-risk AI business operator violates their obligations, a fine corresponding to a certain percentage of their revenue may be imposed.
Q5. Are deepfake videos also subject to regulation?
A. Yes, deepfakes that cause harm by synthesizing others' faces will be strictly handled in the AI Basic Act alongside individual statutes like the Sexual Violence Punishment Act.
Q6. Is the EU's AI Act different from the Korean one?
A. While the EU focuses strongly on punishment-oriented regulation, South Korea tends to emphasize the harmony between industrial promotion and regulation.

💡 Practical Tip

💡 Enhancing AI Literacy
Always check the 'Terms of Service' and 'Privacy Policy' when using new AI tools. Simply checking if your data is used for training and if there is an opt-out option can protect your rights.
Handshake scene symbolizing harmony between humans and AI and legal regulation
Regulation is not a barrier blocking technology, but a handshake for safe coexistence between humans and AI.

⚠️ Points to Note

⚠️ Caution with Deepfake Creation and Distribution
Even if it is an AI-synthesized image or video made for fun, you must remember that if it defames another's honor or induces sexual shame, it can be subject to criminal punishment in addition to the AI Basic Act.

6️⃣ Toward a Safe and Trustworthy AI Era

South Korea's AI policy, moving toward 2026, aims for 'trust' rather than 'control.' While it's not easy for laws and systems to keep pace with technological advancement, establishing minimum safety devices will allow us to enjoy innovative technology with greater peace of mind.

AI is no longer a story of the distant future. Understanding the flow of changing bills and regulations is the first step in wisely preparing for the upcoming future. We support you in becoming masters of technology and utilizing AI safely and beneficially.

If you are curious about more detailed AI policy news and daily life tips, subscribe to our related newsletter now!


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💡 Key Summary
  • The South Korean AI Basic Act is being discussed with a target of full implementation by 2026.
  • High-risk AI (healthcare, recruitment, etc.) is strictly managed, while general AI is supported for innovation.
  • Users will have the right to know if AI is being used and the right to demand explanations.
  • Corporate compliance and individual AI literacy cultivation are essential.
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