On January 22, 2026, the South Korean government officially enacted the Basic Act on the Development of Artificial Intelligence and Establishment of a Trust-based Foundation. This landmark legislation positions South Korea as the second nation globally to implement comprehensive AI regulations, following the European Union. Consequently, the act seeks to balance industrial growth with safety protocols, specifically targeting high-impact and generative AI systems to ensure public trust.
The National Assembly passed the bill on December 26, 2024, with an overwhelming 260 votes in favor. Following its formal promulgation on January 21, 2025, the law finally takes effect today across the nation. This timeline demonstrates a rapid response to the evolving digital landscape and a commitment to establishing a stable regulatory environment for tech innovators.
Unlike the restrictive approach seen in some other jurisdictions, the Ministry of Science and ICT emphasizes a promotion-centered strategy. Therefore, the government provides a one-year grace period to allow businesses to adapt without facing immediate financial penalties. This period focuses on education and consulting through a newly established integrated support center.
The legislation focuses heavily on high-impact AI, which includes technologies affecting human life, safety, and fundamental rights. For instance, systems used in medical devices, energy supply, and recruitment processes fall under this rigorous category. These systems require higher levels of oversight due to their potential influence on individual well-being and social equity.
Furthermore, Section 31 of the act mandates transparency for generative AI services like chatbots and image generators. Companies must inform users beforehand that the service utilizes artificial intelligence technology to create content. This ensures that the public understands when they are interacting with synthetic intelligence rather than human-generated output.
Specifically, the law addresses the rising concern of deepfakes by requiring clear labeling for virtual content. Businesses must ensure that users can easily distinguish between artificial creations and real-world media through visible markers. This proactive measure aims to curb the spread of misinformation and protect the integrity of digital communications.
Developers have two primary ways to mark AI-generated content for public consumption under the new guidelines. They can utilize visible watermarks or machine-readable metadata to signify the artificial origin of a file. Both methods serve to provide a clear trail of origin for digital assets shared across platforms.
For visual media, the act suggests placing text like AI Generated clearly in the corner of images. Similarly, videos should maintain a watermark throughout the entire playback duration to maintain clarity for viewers. These visual cues act as an immediate signal to the audience about the nature of the media.
On the other hand, invisible watermarking techniques like Google SynthID adjust pixel patterns at a level imperceptible to humans. These methods allow for machine verification without degrading the visual quality of the artistic work. Consequently, platforms can automatically detect and label content even if visual markers are removed.
However, the Ministry of Science and ICT allows certain exceptions for artistic creations during the initial grace period. Filmmakers and artists may use non-visual methods if a permanent watermark significantly hinders the creative intent of the production. This flexibility acknowledges the importance of maintaining aesthetic quality in the creative industries.
The law also extends its reach to international tech giants operating within the Korean market. Specifically, foreign providers with over one million local users or one trillion won in revenue must appoint a domestic agent. This requirement ensures that international companies remain accountable to local regulations and consumer protection standards.
Beyond transparency, the act requires a robust risk management framework for high-impact AI developers. These companies must conduct internal impact assessments and monitor their systems for potential accidents or biases constantly. This internal oversight is essential for preventing large-scale failures in critical infrastructure or social services.
To facilitate compliance, the government plans to establish an integrated support center immediately. This facility will offer consulting services and technical guidance to startups struggling with the new regulatory requirements. By providing these resources, the government aims to lower the barrier to entry for smaller innovative firms.
While some fear increased operational costs, the government believes these standards will actually enhance global competitiveness. By establishing a clear legal framework, Korea aims to attract more investment into its domestic AI ecosystem. Investors often prefer markets with predictable regulatory landscapes over those with legal uncertainty.
The Ministry of Science and ICT will update the AI basic plan every three years to reflect technological shifts. Thus, this legislation serves as a living document that evolves alongside the rapidly advancing digital landscape. Regular updates will ensure that the law remains relevant as AI capabilities continue to expand.
In summary, the South Korean AI Basic Act represents a strategic move to lead global AI governance. By prioritizing both innovation and ethical safety, Korea sets a new standard for how nations might regulate the intelligence of the future. The success of this act will likely influence how other Asian nations approach AI legislation in the coming years.
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