Enforcement Decree and Guidelines to Be Disclosed Soon
Workplace Inspections and Standards for High-Impact AI Are Key Issues
Jemyung Ryu, 2nd Vice Minister of the Ministry of Science and ICT, said on August 8 that, in relation to the Artificial Intelligence (AI) Basic Act set to take effect in January next year, "We will soon disclose the subordinate regulations and collect public feedback."
On this day, Vice Minister Ryu met with reporters at a seminar on the AI Basic Act held at the National Assembly, hosted by the Korea Legislation Research Institute and others. He stated that the work to prepare subordinate regulations, including enforcement decrees and notifications, is "almost complete."
The subordinate regulations will consist of the enforcement decree, guidelines on standards and examples of high-impact AI, notification and guidelines on the responsibilities of high-impact AI operators, notification and guidelines on AI safety assurance obligations, guidelines on ensuring AI transparency, and guidelines for assessing the impact of AI on fundamental rights.
In his congratulatory remarks at the seminar, Vice Minister Ryu also emphasized, "The Ministry of Science and ICT is accelerating efforts to prepare subordinate regulations to ensure the intent of the AI Basic Act is fully realized ahead of its implementation. Through the AI Basic Act and its subordinate regulations, we will support the development of the domestic AI industry and technological innovation, encourage private investment, and build a foundation for the trustworthy use of AI by the public."
Accordingly, there is speculation that the Ministry of Science and ICT will release the subordinate regulations within this month. Previously, the ministry had reported to the government’s National Policy Planning Committee at the beginning of the administration that it planned to prepare the subordinate regulations for the AI Basic Act by June. However, the release schedule was postponed due to internal coordination and other reasons.
During the seminar, there were also calls to expedite the disclosure of the subordinate regulations. Sunmin Park, Executive Director of Google Korea, said, "Even if we receive the details of the subordinate regulations in August, there are only four months left. For companies focusing on cloud business, the content is so extensive and the new systems so significant that it is said at least a year is needed. There are deep concerns about how to handle contracts or compliance."
There was also interest in whether the standards for high-impact AI, the legal provision allowing authorities to inspect AI company workplaces and impose fines, and the transparency obligation to attach a watermark to AI-generated content would be somewhat relaxed.
Wonjun Jeong, Head of the AI Legislation Team at the Korea Legislation Research Institute, suggested, "The standards for high-impact AI are a key element in determining whether the AI Basic Act applies, so they need to be set at the level of legislation, not just guidelines. Regarding the transparency obligation, the scope of duties and responsibilities between developers and users is ambiguous, so the subordinate regulations should address this issue."
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