- The draft Enforcement Decree establishes a verification system for AI products and services to promote the adoption and use of AI in the public sector.

- It specifies matters related to the establishment and support of AI research institutes.

- It also defines AI-vulnerable groups and the scope of eligible recipients of financial support for AI products and services.

The Ministry of Science and ICT (MSIT, Deputy Prime Minister and Minister: Bae Kyung-hoon) announced that ahead of the amended Framework Act on the Development of Artificial Intelligence and the Establishment of a Foundation for Trust (“AI Basic Act”) taking effect on July 21, 2026, it has prepared a draft amendment to the Enforcement Decree of the Framework Act on the Development of Artificial Intelligence and the Establishment of a Foundation for Trust (the Enforcement Decree), which sets out matters delegated under the amended AI Basic Act. MSIT will issue a legislative notice starting May 21, 2026.

The amended AI Basic Act was finalized on January 20, 2026 after nine amendment bills proposed by lawmakers Choi Min-hee, Lee Jung-hun, Jang Chul-min, and Choi Bo-yun were passed by the National Assembly on December 30, 2025 with bipartisan support.

The key amendments cover: 1) codifying the reorganization of the Presidential Council on National Artificial Intelligence Strategy (NAIS); 2) promoting the adoption and use of AI in the public sector; 3) establishing a legal basis for the establishment and operation of AI research institutes; 4) guaranteeing AI accessibility for vulnerable groups and providing a legal basis for financial support; 5) fostering creation of AI-related startups; 6) supporting AI professionals; 7) establishing a legal basis for opening up public data for training; and 8) supporting education on the use of AI technologies.

Of these, provisions that were ready for immediate implementation, including the reorganization of NAIS and support for AI professionals, took effect on January 22, alongside the AI Basic Act. Provisions that require further detail through subordinate legislation, such as those aimed at promoting AI adoption and use in the public sector, are scheduled to take effect on July 21, together with the Enforcement Decree and related regulations.

1) Scope of the AI-vulnerable Groups (Article 3, Clause 5 of the AI Basic Act)

Article 3, Clause 5 of the AI Basic Act defines those who have difficulties in using AI products and services as “AI-vulnerable groups,” and specifies measures to protect them including guaranteeing their participation and reflecting their input in the AI policymaking process.

The draft Enforcement Decree defines AI-vulnerable groups to include people with disabilities, those aged 65 or older, recipients of national basic livelihood security, and those in the second-lowest income bracket, and further includes women with career breaks, job seekers, employees of SMEs located outside the Seoul metropolitan area, and those working in agriculture and fisheries, recognizing that limited access to high-cost, high-performance AI services could widen social disparities in the AI era.

2) Scope of AI Products and Services to be Given Priority in Public Procurement (Article 16, Clause 3 of the AI Basic Act)

Article 16, Clause 3 of the AI Basic Act requires government agencies and public institutions to give priority consideration to AI products and services when purchasing goods and services or commissioning work necessary for the performance of their duties. Clause 4 of the same Article stipulates that if any damage arises from the purchase or use of AI products and services, the responsible official shall be exempt from liability unless the damage was caused by intentional misconduct or gross negligence.

The draft Enforcement Decree specifies the scope of AI products and services subject to priority consideration under this system. According to the draft version, they are: 1) products and services confirmed by the Korea AI & Software Industry Association (KOSA, Chairman: Joh Joon-hee), a statutory body under Article 26 of the AI Basic Act, as incorporating AI technology, and 2) AI products and services designated by MSIT through official notice.

KOSA plans to verify products and services that genuinely incorporate AI technology through a joint technology review with the Telecommunications Technology Association (TTA, Chairman: Son Seung-hyun), which has expertise in AI technologies. The draft Enforcement Decree also allows additional AI products and services to be designated through official notice, enabling the system to be operated flexibly as new products and services enter the market with advances in AI technology.

3) Scope of Eligible Recipients of Financial Support for AI Products and Services (Article 17.2 of the AI Basic Act)

Article 17.2 of the AI Basic Act provides a legal basis for the central and local governments to cover all or part of the cost of AI products and services for individuals who have difficulty accessing or using such products and services due to financial constraints.

The draft Enforcement Decree specifies the scope of eligible recipients for this financial support. In addition to those who fall under the AI-vulnerable groups, such as people with disabilities, those aged 65 or older, recipients of national basic livelihood security, women with career breaks, job seekers, and employees of SMEs outside the Seoul metropolitan area, it also includes university students and science and engineering professionals in non-metropolitan regions, so that support can be provided as widely as possible within the available budget.

4) Support Procedures Using the Venture Investment Fund of Funds to Foster AI Startups (Article 18, Clause 3 of the AI Basic Act)

Article 18, Clause 3 of the AI Basic Act stipulates that heads of central administrative agencies can support startups in the AI industry using the venture investment fund of funds after consultations with the Minister of SMEs and Startups.

The draft Enforcement Decree includes specific support procedures. It stipulates that heads of central administrative agencies may request the Korea Venture Investment Corp. (KVIC) to establish an investment plan for the AI industry using the venture investment fund of funds, reflecting the outcomes of their consultation with the Minister of SMEs and Startups.

5) Requirements for Establishing and Operating AI Research Institutes (Article 22.2 of the AI Basic Act)

Article 22.2 of the AI Basic Act provides a legal basis for universities, companies, and other entities to establish and operate research institutes dedicated to the development and use of AI (“AI research institutes”) with the approval of the Deputy Prime Minister and Minister of MSIT with the aim of securing innovative AI technology.

The draft Enforcement Decree specifies matters related to the establishment, operation, and support of AI research institutes. It details the requirements for establishment to enable a wide range of entities to establish such institutes and sets out support measures so that the government can provide broad support for them.

The AI Basic Act was revised on January 20 to secure innovative AI technology, promote the adoption and use of AI in the public sector, boost AI startups, and strengthen AI accessibility for AI-vulnerable groups.

In line with these goals, MSIT has prepared the draft Enforcement Decree and plans to move forward with the revision process so that the amended AI Basic Act can take effect on schedule. The draft Enforcement Decree will undergo regulatory and legislative reviews, followed by vice-ministerial and cabinet meetings, before taking effect on July 21, 2026, alongside the amended AI Basic Act.

“With the AI Basic Act, which serves as the institutional foundation for advancing Korea’s AI industry, having taken effect on January 22, the amended Act coming into force in July is expected to further strengthen the legal basis for expanding AI adoption and fostering industry growth,” said Kim Kyung-man, Director General of Artificial Intelligence Policy Bureau at MSIT. “We will ensure the smooth implementation of the Act and operation of related systems to actively support the growth of the AI industry by expanding the adoption of AI products and services in public procurement and promoting public-private technology investment through the establishment of AI research institutes.”

The pre-announced draft Enforcement Decree is available on the MSIT website (www.msit.go.kr) under the “Legislative/Administrative Notice” board. Comments on the draft can be submitted by email or post until June 19, 2026.

For further information, please contact the Public Relations Division (Phone: +82-44-202-4034, E-mail: msitmedia@korea.kr) of the Ministry of Science and ICT.

Please refer to the attached PDF.