[Journalism Internship] Balancing development and regulation remains priority for AI laws
Published: 15 Jan. 2025, 15:47
Updated: 15 Jan. 2025, 15:47

An image generated by OpenAI

Alexander Lee Rago, Hoyeong Shin, Minjun Bae, Kijun Kim
Having once prided itself as a technological pioneer, Korea has been making slow yet steady progress in the rapidly developing AI market, especially in relation to AI governance and legislation so as to keep in pace with the innovations seen in countries like the United States.
AI has become a ubiquitous tool found in every corner of our lives, even in Korea. The increasing ubiquity of AI usage in our everyday lives has also been accompanied by the rising need for comprehensive laws that can cover the potential risks in the burgeoning AI market in the country.
AI has infiltrated the everyday lives of Korea more than people realize. Generative AI tools like ChatGPT and Perplexity are commonly found on devices such as computers, phones and iPads. They assist people with their work by helping find sources, provide information or revise written content. One out of 10 people in Korea have used ChatGPT this year, according to data from market tracker WiseApp.
Korea’s latest efforts include passing the AI Basic Act.
The Basic Act on the Promotion and Establishment of a Trust Base for Artificial Intelligence, nicknamed the “AI Act,” was passed by the National Assembly on Dec. 26, marking the first general law concerning AI development and usage within Korea. This is also the second basic AI law following the Artificial Intelligence Act established by the European Union (EU) in August.
Korea has now become the second country in the world, after the EU, to enact AI industry-related laws. However, there are concerns that the legislation focuses primarily on promoting the AI industry, potentially compromising public safety and human rights rather than properly addressing the potential hazards or dangers imposed by the digital technology.
In contrast, the United States has taken a more regulated approach. The U.S. House of Representatives passed a bill establishing the AI Center of Excellence within the General Services Administration. This administration oversees regulations for deepfake watermarks, content labeling and high-risk AI systems.
Copyright infringement is another significant AI-related issue.
In 2021, the Ministry of Culture, Sports and Tourism released the "Generative AI and Copyright Guide," which defines legitimate user rights. The AI Basic Act also establishes key principles for the copyright of AI-generated works, including the ownership of AI-generated content, protection of source data copyright and the balance between public interest and private profit.
For Korea's regulatory AI basic laws to align with the established regulations of leading AI nations, a comprehensive understanding of AI technology and proper documentation is essential.
Experts emphasize that AI laws should not merely exist on the surface but should thoroughly address the risks and benefits of AI, establishing measures that balance promotion and regulation.
The AI Basic Act marks notable progress in terms of AI regulations, but the issue of implementation and integration into the industry’s practices still remains.
Unlike foreign countries that document the usage, production and mechanisms of AI to clearly define its scope, Korea’s general laws lack such specific definitions. The Korean government is attempting to create laws without fully understanding the implications of AI, instead aiming to replicate the EU and U.S. regulatory frameworks, according to lawyer Jang Jun-young, a director at an AI center.
Prior laws from other nations can still serve as valuable references for shaping local legislation, incorporating insights from the United States, which generally focuses on AI improvement, and the EU, which emphasizes restricting AI development. These can provide a balanced and well-informed foundation for Korea’s AI regulations, suggested lawyer Kim Ji-won, from law firm Kim and Chang.
BY ALEXANDER LEE RAGO, HOYEONG SHIN, MINJUN BAE, KIJUN KIM [[email protected], [email protected], [email protected], [email protected]]
with the Korea JoongAng Daily
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