• Comprehensive Plan to Reform the Copyright System in the AI Era

The Ministry of Culture, Sports and Tourism revealed a comprehensive plan to reform the copyright system based on the latest developments in AI. Specifically, it released the “Culture Korea 2035” initiative and the “Key Initiative Plan for 2025,” outlining its plan to amend the Copyright Act to include an exemption provision for text and data mining, an obligation to label AI outputs, and an obligation to publicly disclose AI training data, among others. Alongside these long-term initiatives and legal/systematic improvements planned, the Ministry is expected to accelerate reforms with the launch of the “2025 AI-Copyright System Improvement Council.”
 

• Policy and Legislative Trends Related to the Personal Information Regulatory Framework in the AI Era

The Personal Information Protection Commission announced “Revolutionizing the Personal Information Regulatory Framework for the AI Era” as a key initiative in its 2025 policy agenda. To this end, the PIPC plans to expand the legal bases for processing personal information for AI-related purposes and to interpret and apply the Personal Information Protection Act (the “PIPA”) more reasonably and flexibly in consideration of the unique characteristics of AI. In parallel, several amendments to the PIPA have recently been proposed in the National Assembly to address the growing demand for data to support AI development.
 

• Navigating Competition Law and the Evolving Regulatory Landscape of AI and Data

With the advancement of AI services, data has become increasingly important as a critical input in the AI ecosystem. This increasing importance of data has raised global concerns among major competition authorities regarding potential anticompetitive practices involving data, such as data monopolies, competitor foreclosure, and self-preferencing. In Korea, the Korea Fair Trade Commission (the “KFTC”) is responding by planning a market survey and policy report on the AI data sector this year, building on previous studies on the cloud and AI sectors. The KFTC intends to actively examine competition and consumer issues at the intersection of AI and data, and to strengthen enforcement efforts where necessary. Meanwhile, the increased competitive value of data has surfaced complexities, notably conflicts between competition law and the Personal Information Protection Act, and uncertainties in the division of responsibilities between competition and data protection agencies. The KFTC is reportedly seeking to align the objectives of the legal frameworks and foster greater collaboration among the relevant agencies.
 

• Discrimination and Fairness Challenges in AI-Driven Human Resources (“HR”) and Labor Management

The use of AI in the field of labor and employment is contributing to significant enhancement in work efficiency, but at the cost of increased risk of discrimination due to tendencies inherent in algorithms. Many leading jurisdictions, including the EU and the United Kingdom, are preparing regulatory regimes to ensure fairness when AI is used. Korea has undertaken similar measures, including promulgation or amendment of various statutes, including the Act on the Development of Artificial Intelligence and Establishment of Trust (the “AI Basic Act”), the PIPA and the Fair Hiring Procedure Act. Against this backdrop, businesses seeking to use AI in their labor and employment matters should manage relevant legal risk factors by taking measures, including regular algorithm audits and performance testing, as well as paying attention to the related debates and trends concerning fairness of AI systems.
 

• EU AI Act: Emerging Trends and Regulatory Developments

The European Commission has published a set of guidelines concerning the EU AI Act, which are expected to inform and influence the forthcoming AI Basic Act of Korea. As such, it is imperative to conduct a thorough examination of these guidelines, in particular, such areas as detailed definition of AI systems, the enumeration of prohibited AI practices, and the recommended best practices for general-purpose AI. A proactive review and understanding of these aspects will be crucial to maintaining readiness as we anticipate the enactment of the AI Basic Act.
 

• Regulatory Trends and Safeguards for AI Security

A Chinese AI startup recently sparked significant global interest with its costeffective and high performing AI product, but also revealed vulnerabilities in AI security. This facilitated the shaping of regulatory frameworks through passage of laws and publication of guidelines in the EU and Korea directed to security of risk management models throughout the AI lifecycle. Such legal and policy developments on AI security underscore its importance, in par with that of its performance, especially in today’s world where the means for attacking the unique vulnerabilities of AI systems have evolved from those that targeted conventional software. This highlights the need for dedicated technical and managerial safeguards.

[Korean Version]
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