Significance, Contents, and Limitations of the Korean Framework Act on Artificial Intelligence

Abstract

On January 21, 2025, Korea enacted its Basic Act on AI, the second of its kind in the world. Korea’s Basic Act, while combining the two types of AI-related legislation—the European model, which focuses on protecting basic rights and the US model, which prioritizes industrial promotion—leans slightly more toward industrial promotion. It specifies national agencies and policy support for the development of AI-related industries and sets out general provisions, such as definitions, but offers little guidance on specific areas where AI applications are active or imminent, such as social security. In contrast, the EU’s AI Act and the US Executive Order on AI include provisions on social security, though insufficiently, leaving room for developing policies specific to AI use in this area. Korea’s Basic Act on AI delegates policymaking details to subordinate legislation, under which the National AI Commission, established by the law, is tasked with bringing together stakeholders representing the various segments of the social security sector.