Reasons for Proposal
Artificial intelligence (AI) is a core technology of the Fourth Industrial Revolution. It is expected to lay a new groundwork for the revolutionary development of future generations and its influence is expected to reach beyond the economy and industries, bringing a total transformation to our lives in general.
Driven by a high level of interest, major countries and leading enterprises are conducting large-scale studies and making systematic investments to develop AI technologies. Laws are being reformed to include various pilot projects and other policy measures to promote the AI industry.
Although Korea recognizes the importance of AI technology, institutional support has been scattered across government bodies and individual industries, making it necessary to reorganize the current implementation system.
This Bill aims to prepare legal grounds to encourage the development of AI technologies and reinforce the AI industry’s ecosystem, to protect basic human rights and dignity in the AI industry, to make provisions for managing dysfunctions of AI development such as job losses, etc. as well as creating a new future value of the Fourth Industrial Revolution by providing a national implementation system to develop AI technologies and promote the AI industry.
Details
A. Aim to contribute to the betterment of people’s health and the national economy by facilitating the development and use of AI technologies and continuously promoting the AI industry (Article 1)
B. Require the State and local governments to prepare policy measures necessary to encourage the development of AI technologies and promote the AI industry, prescribe responsibilities of the government and local governments requesting them to protect basic human rights and dignity in the AI industry, etc., and prepare policies providing for dysfunctions of AI development such as job losses, etc. (Article 3)
C. Require the Minister of Science and ICT to establish a master plan and an implementation plan to develop AI technologies and promote the AI industry and organize an AI policy deliberative committee for such matters (Articles 5 and 6)
D. Require the Minister of Science and ICT to promote the development of AI technologies by conducting technology level investigations, projects to research and develop technologies or use developed technologies, etc., and allow whole or partial funding of persons who intend to engage in a business for such purposes (Article 8)
E. Prescribe that the Minister of Science and ICT shall prepare and implement policies necessary to foster and manage professional talent necessary for the promotion of AI technologies (Article 9)
F. Prescribe that the government shall formulate and implement policies to promote AI convergence and spread its use (Article 11)
G. Allow the Minister of Science and ICT to conduct pilot projects to promote the AI industry, and fully or partially subsidize the necessary funds for participants in pilot projects (Article 12)
H. Allow the State to provide subsidies and loans for startup funding and offer other administrative, financial, and technical assistance to promote and stimulate startup businesses associated with the AI industry (Article 13)
I. Allow the State and local governments to offer administrative, financial, and technical assistance to persons who intend to build AI technology-based cluster facilities to promote the development and use of AI technologies (Article 14)
Major Provisions
Article 3 (Duties and Responsibilities of State and Local Governments) ① The State and local governments shall formulate and implement policy measures necessary to develop AI technologies and promote the AI industry.
② The State and local governments, AI business operators, etc., shall establish AI ethical principles to protect users in the AI industry and protect basic human rights and dignity.
③ The State and local governments, AI business operators, etc., shall prevent discrimination and bias at all stages of AI development, manufacture, production, distribution, utilization, etc., and provide for dysfunctions thereof such as job losses, etc.
Article 7 (Survey on Actual Conditions) ① The Minister of Science and ICT may conduct fact-finding surveys in order to secure basic information and compile statistics of the industry as necessary for the effective formulation and implementation of policies on the AI industry.
② Where the Minister of Science and ICT deems it necessary for the fact-finding surveys under paragraph 1, he/she may request an AI business operator or any other related institution or organization to submit data or express opinions. In such cases, any person who has received the request shall comply with the request, in the absence of good cause to the contrary.
③ Other necessary matters concerning the cycle and method for fact-finding surveys under paragraphs 1 and 2 shall be prescribed by Presidential Decree.
Article 9 (Training of AI Specialists) ① The Minister of Science and ICT may provide educational training to train AI specialists and upgrade their qualifications.
② The Minister of Science and ICT may designate research institutes, universities and other institutions or organizations prescribed by Presidential Decree as institutions for training and educating AI specialists to have them provide educational training pursuant to paragraph 1, and may provide a budget necessary for such educational training.
③ Where any institution for training and educating AI specialists designated under paragraph 2 falls under any of the following subparagraphs, the Minister of Science and ICT may cancel the designation thereof: Provided, that if it falls under subparagraph 1, its designation shall be revoked:
1. Where it has been designated by fraud or other improper means;
2. Where it ceases to meet the requirements for designation under Article 4 prescribed by Presidential Decree;
3. Where it has no record of providing training for at least one year from the date of designation of the education institution.
④ Necessary matters concerning the educational training of AI specialists, the requirements for designating educational institutions, the procedure and method for designation and revocation of designation, the scope of assistance, etc., under paragraphs 1 through 3 shall be prescribed by Presidential Decree.
Article 19 (Legal Fiction of Deeming Public Officials for Application of Penalty Provisions) Executive officers and employees of an institution or organization engaging in the affairs entrusted by the Minister of Science and ICT pursuant to this Bill shall be deemed public officials for the purpose of applying penalty provisions of Articles 129 through 132 of the Criminal Act to them.