2026년 1월 시행 예정, 인공지능(AI) 기본법 대비하기 Scheduled to take effect in January 2026, preparing for the Artificial Intelligence (AI) Basic Act

2026년 1월, 대한민국은 「인공지능 발전과 신뢰 기반 조성 등에 관한 기본법」(이하 "AI Basic Law")을 시행하며, 세계에서 두 번째로 AI 관련 법제를 마련한 국가로 발돋움할 예정입니다.

​Law firm Veat introduces the background and main contents of the AI Basic Law, which is scheduled to be implemented, and will examine what companies need to prepare.

 

Background of the AI Basic Law

 

AI has become a key technology leading to fundamental changes in society and industry. In particular, the emergence of generative AI has raised concerns about safety and ethical issues along with new possibilities.

Against this backdrop, the National Assembly of Korea has integrated 19 bills to enact the AI Basic Law, aiming to promote AI technology and industry, protect the rights and interests of the people, and establish a trust-based foundation.

The AI Basic Law aims to support the safe and ethical development of AI technology and function as a comprehensive and comprehensive norm to enhance the quality of life and national competitiveness.

 

Main Contents of the AI Basic Law

 

1. Definition of Concepts (Article 2)

The AI Basic Law regulates areas related to AI technology by defining key concepts such as high-impact AI, generative AI, AI industry, and AI businesses. In particular, high-impact AI is defined as a system that may have a significant impact on basic rights, and generative AI means AI technology that generates various results such as text, images, and voices by imitating the structure and characteristics of the input data.

Also, the AI industry is defined as industry providing products development, manufacturing, production, or distribution using AI or AI technology, and related services.

An AI business is defined as an entity conducting AI-related business, including corporations, organizations, individuals, and state agencies that develop and provide AI, or provide AI products or AI services using AI provided by AI developers.

2. Establishment of AI Basic Plan (Article 6)

The Minister of Science, ICT, Planning and Evaluation shall establish an AI Basic Plan after deliberation by the National AI Committee every three years, and incorporate policies such as basic directions for AI policy, cultivation of professional personnel, technology standardization, and establishment of a trust-based foundation into the plan.

3. Establishment of the National AI Committee (Articles 7, 8)

The National AI Committee, under the President, deliberates and approves policies for promoting AI and establishing a trust-based foundation, establishes basic plans, provides directions for promoting AI utilization, and deliberates on matters related to the regulation of high-impact AI.

4. Ensuring AI Stability and Ethics (Articles 11, 12, 27)

The Minister of Science, ICT, Planning and Evaluation may designate an AI Policy Center to develop and spread international norms for AI-related policies, and may operate an AI Safety Research Institute as a specialized institution to protect the lives, bodies, and property of the people from risks that may arise in relation to AI.

Also, the government may enact and publicize AI ethical principles including contributions to human life and prosperity, and the Minister of Science, ICT, Planning and Evaluation may establish and support publicity and education for the implementation of the AI ethical principles.

5. Promotion of AI Technology and Industry (Articles 13, 14)

The government will support related projects to promote the practical application, research and development, and standardization of AI technology, and the Minister of Science, ICT, Planning and Evaluation may promote standardization projects such as establishing standards for AI technology.

6. Ensuring Safety and Transparency of High-Impact AI (Articles 31, 32, 33, 35)

Services using high-impact AI and generative AI must provide prior notice to users and clearly indicate that the results are generated by generative AI, and systems with an operation amount exceeding a certain standard must perform measures such as risk identification, evaluation, and mitigation.

In particular, companies using high-impact AI must evaluate the impact on basic rights in advance, and government agencies should prioritize products or services that have completed such evaluations.

7. Cultivation of AI Technology and Industry (Articles 21, 23)

The government may promote the cultivation of professional personnel and secure overseas professional personnel to develop and promote the AI industry. Also, local governments and local governments may promote the aggregation of AI and AI research and development companies and organizations to strengthen competitiveness in development and utilization.

8. Domestic Agent Designation Obligation (Article 36)

Overseas AI businesses without a place of business or sales office in Korea must designate a domestic agent and establish a support system for regulatory compliance.

9. Sanctions for Violations (Articles 40, 43)

The Minister of Science, ICT, Planning and Evaluation may investigate illegal acts and issue correction orders if violations occur. Also, a fine of up to 30 million won may be imposed for violating transparency obligations, domestic agent designation obligations, etc.

 

Implementation of the AI Basic Law, offering new opportunities for companies and imposing various obligations

 

Companies developing and operating high-impact AI and generative AI must enhance stability and transparency and fulfill the legal requirements mentioned above, and foreign companies must actively prepare for new regulations such as designating a domestic agent and establishing an impact assessment system.

In addition, companies can receive necessary support through government-led policies such as cultivation of professional personnel, technology standardization, and integrated cluster support, and should actively utilize them with the help of AI legal experts.

Law firm Veat provides professional legal advice to help companies effectively respond to the changing regulatory environment in accordance with the implementation of the AI Basic Law. It helps AI services comply with regulations and prevent legal risks, especially providing comprehensive legal advice by advising on the latest AI technology trends and legal issues.

Law firm Veat provides comprehensive legal advice through expertise in AI and digital technology.

 

Law firm Veat with outstanding expertise in AI and digital technology

 

Law firm Veat supports companies to comply with AI-related laws and grow stably through a team of experts with outstanding expertise in AI and digital technology.

Mr. An Il-un, partner attorney, is a certified IT specialist attorney from the Korea Bar Association, and serves as a member of the Curriculum Innovation Committee of the Yonsei University AI Convergence Institute, possessing deep understanding of the legal aspects of AI technology and abundant advisory experience.

Ms. Jo Eun-byeol, partner attorney, serves as a member of the AI and Legal Tech Special Committee of the Seoul Bar Association, recognized for her expertise in AI and legal tech fields, and provides legal advice on various AI and new technologies.

In particular, Law firm Veat has brought in Professor Yang Eun-ho of the KAIST Kim Jae-cheol AI Graduate School as a technical advisor, and concluded an MOU with the MLILAB (Machine Learning and Intelligence Lab) to provide in-depth advice on the latest AI technology trends and legal issues.

Law firm Veat will actively support AI companies to comply with regulations and grow stably as a trusted partner in various legal issues related to AI and the AI Basic Law.

If you need legal advice on AI and digital technology, please feel free to contact Law firm Veat.

Thank you.

Law firm Veat