Does AI Basic Act require Human Oversight?
South Korea • enforcing
Yes — 1 provision
Requirements at a glance
This regulation imposes 5 specific requirements for Human Oversight across 1 provision:
- Human oversight mechanisms — Art. 34(1) requires human oversight of the operation of high-impact AI, alongside a risk management plan, explanation measures, user protection, and documentation
- Ministerial guidelines — Art. 34(2) lets the Minister of Science and ICT publish detailed guidelines on those measures and recommend compliance
- Domestic representative — Art. 36 requires qualifying foreign operators to designate a domestic representative
- On-site inspections — Art. 40 lets the Minister of Science and ICT require submission of data and conduct on-site inspections under the Administrative Investigation Framework Act
- Corrective measures — Art. 40 authorises corrective orders against non-compliant operators
AI Governance and Human Oversight #
Requirements
| Requirement | Details |
|---|---|
| Human oversight mechanisms | Art. 34(1) requires human oversight of the operation of high-impact AI, alongside a risk management plan, explanation measures, user protection, and documentation |
| Ministerial guidelines | Art. 34(2) lets the Minister of Science and ICT publish detailed guidelines on those measures and recommend compliance |
| Domestic representative | Art. 36 requires qualifying foreign operators to designate a domestic representative |
| On-site inspections | Art. 40 lets the Minister of Science and ICT require submission of data and conduct on-site inspections under the Administrative Investigation Framework Act |
| Corrective measures | Art. 40 authorises corrective orders against non-compliant operators |
Penalties
| Violation | Fine |
|---|---|
| Administrative fine | Up to KRW 30 million (Art. 43) |
| Criminal penalties | Art. 42 |