Table of Contents
Reason for Proposal
Main Content
Chapter 1 General Provisions
Article 1 (Purpose)
Article 2 (Definitions)
(1) Artificial intelligence shall be developed and utilized for the development and convenience of humanity.
(1) The State and local governments shall establish and promote measures to ensure the safe development and utilization of artificial intelligence.
(1) Artificial intelligence business operators shall endeavor to comply with the basic principles for the development and utilization of artificial intelligence.
(1) When enacting or revising other Acts related to artificial intelligence, efforts shall be made to align them with the purpose and basic principles of this Act.
Article 7 (Development of Artificial Intelligence Technology)
(1) The government shall establish and promote measures to promote the development and diffusion of artificial intelligence technology.
(1) The Minister of Science and ICT may establish and announce technical standards necessary to ensure the stability, reliability, and interoperability of artificial intelligence technology.
(1) The Minister of Science and ICT may promote the following projects for the development and activation of utilization of artificial intelligence technology related to the standardization of artificial intelligence technology.
(1) The Minister of Science and ICT shall establish and promote the following measures necessary for fostering professional personnel for the development of artificial intelligence technology.
(1) The Minister of Science and ICT shall actively promote leading projects that pilot the application of artificial intelligence technology in various fields of society to activate the utilization of artificial intelligence technology or combine artificial intelligence technology with other technologies.
The government may provide the following support to persons intending to practically apply (referring to making technology actually used to provide products and services; the same shall apply hereinafter) or commercialize (referring to commercialization under Article 2 (3) of the Technology Transfer and Commercialization Promotion Act; the same shall apply hereinafter) the results of the development of artificial intelligence technology.
The Minister of Science and ICT may provide administrative, financial, and technical support to small and medium enterprises (referring to small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises) that develop artificial intelligence technology or services to promote the utilization of artificial intelligence technology.
(1) Where it is for the purpose of developing and utilizing artificial intelligence and to collect and analyze a large amount of information including a number of works using computers, etc. and generate additional information or value without enjoying the ideas or emotions expressed in the works, the works may be reproduced and transmitted within the necessary scope. However, this is limited to cases where lawful access to the relevant works is available.
The government may carry out projects to encourage bilateral or multilateral international cooperation on the public use of artificial intelligence.
The government shall conduct artificial intelligence ethics education for artificial intelligence business operators and the general public to promote sound development in the field of artificial intelligence.
(1) Anyone may develop or utilize artificial intelligence, and the government shall restrict it if it is deemed to harm or is likely to harm the life, body, and property of people in the process of developing or utilizing artificial intelligence.
Article 18 (Establishment of Basic Plans for High-Risk Artificial Intelligence)
(1) The government shall establish a basic plan for high-risk artificial intelligence (hereinafter referred to as the "basic plan") every three years for the safe and reasonable development and utilization of high-risk artificial intelligence and its algorithms.
Article 19 (Responsibilities of High-Risk Artificial Intelligence Developers)
Article 20 (Responsibilities of High-Risk Artificial Intelligence Users)
Article 21 (Rights of High-Risk Artificial Intelligence Users)
Article 22 (General Principles of Liability of High-Risk Artificial Intelligence Business Operators)
Chapter 4 Mediation of Artificial Intelligence-Related Disputes
Article 23 (Artificial Intelligence Dispute Mediation Committee)
Article 24 (Guarantee of Position of Members)
Article 25 (Exclusion, Challenge, and Evasion of Members)
Article 26 (Application for Mediation)
Article 27 (Processing Period)
Article 28 (Request for Data)
Article 29 (Recommendation for Agreement Before Mediation)
Article 30 (Mediation of Disputes)
Article 31 (Rejection and Suspension of Mediation)
Article 32 (Mediation Procedures)
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 33 (Delegation and Entrustment of Authority)
Article 34 (Deemed Public Officials for Purposes of Penalty Provisions)
ADDENDA
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Korea: Bill on Artificial Intelligence Liability [2120353]
As published on 28 February 2023. Official text in original language plus DPA expert translation.
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Reason for Proposal
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Artificial intelligence is widely changing our daily lives as it is being utilized in various fields such as transportation, healthcare, and services, and it is emerging as a top policy task for national survival. Major countries such as the EU, the United States, and China are competitively promoting bold investments and building legal foundations to maintain national competitiveness through artificial intelligence and secure leadership in the artificial intelligence industry. Artificial intelligence technology is being applied to almost all industries in a shorter time than expected, creating added value and leading the era of digital transformation by penetrating deeply into the daily lives of people around the world. In particular, "ChatGPT (Generative Pre-trained Transformer)" developed by an artificial intelligence research institute in the United States in December 2022 is an artificial intelligence service that provides answers immediately by inputting questions in the form of text as if chatting in a dialog window. It surpassed 1 million users in just 5 days after its release, and it is capable of instantly writing high-level academic papers, essays, poems, reports, and even performing software program coding.
However, the essence of artificial intelligence is a technology that automates decisions and actions according to pre-designed algorithms, so it inevitably excludes human intervention in the decision-making and execution process. As a result, beyond the convenience and technological wonder of artificial intelligence, there are growing social concerns about the dysfunctional aspects of artificial intelligence, such as infringement of personal information, discrimination controversies due to algorithm distortion leading to user damage, increased security problems, decreased system reliability, and ethical issues of artificial intelligence. From the viewpoint that technology should ultimately be for the benefit of humanity, it is time for sufficient social discussion on the duality of artificial intelligence, and preemptive ethical response is essential in the use of data and algorithm design. Accordingly, this proposed act comprehensively collects social discussions from legal, ethical, and institutional perspectives related to artificial intelligence, establishes basic principles for the development and use of artificial intelligence, stipulates the responsibilities of the state and business operators and the rights of users, and prescribes measures to protect users from high-risk artificial intelligence and mediation procedures in case of disputes, thereby creating an institutional foundation for safe and reliable artificial intelligence technology and policies.
Main Content
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A. The purpose of this Act is to provide necessary matters for establishing a social foundation for the development and utilization of safe and reliable artificial intelligence technology and fostering related industries, thereby contributing to economic development and improving the quality of life of the people (Article 1).
B. Definitions are provided for "artificial intelligence," "high-risk artificial intelligence," "artificial intelligence business operator," etc. (Article 2).
C. It is specified that the basic principles for the development and utilization of artificial intelligence are for the development and convenience of humanity, and artificial intelligence business operators are required to operate a Business Operator Responsibility Committee (Articles 3 and 5).
D. The role of the government for the promotion of the artificial intelligence industry, such as the development of artificial intelligence technology, establishment of technical standards, standardization and commercialization, is stipulated, and the principles of regulation on artificial intelligence are prescribed (Articles 7 to 17).
E. The role of the government, responsibilities of business operators, and general principles of users' right to request explanations, right to raise objections, and liability for the protection of users from high-risk artificial intelligence are prescribed (Articles 18 to 22).
F. The Artificial Intelligence Dispute Mediation Committee is established and related procedures are prepared for the mediation of disputes concerning artificial intelligence (Articles 23 to 32).
Chapter 1 General Provisions
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Article 1 (Purpose)
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The purpose of this Act is to provide necessary matters for establishing a social foundation for the development and utilization of safe and reliable artificial intelligence technology and fostering related industries, thereby contributing to economic development and improving the quality of life of the people.
Article 2 (Definitions)
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The terms used in this Act are defined as follows:
1. "Algorithm" means a system consisting of a set of operations, rules and procedures, instructions, or logic described for problem-solving, task performance, or operation of equipment, devices, or apparatus.
2. "Artificial intelligence" means that which electronically implements human intellectual abilities such as learning, perception, judgment, and understanding of natural language.
3. "Artificial intelligence business operator" means a person who develops or utilizes artificial intelligence and falls under any of the following subparagraphs:
(a) Artificial intelligence developer: A person who engages in economic activities related to the development of artificial intelligence
(b) Artificial intelligence user: A person who provides products or services using artificial intelligence
4. "High-risk artificial intelligence" means artificial intelligence that has a significant impact on the protection of the life, physical safety, and fundamental rights of the people, and refers to artificial intelligence prescribed by Presidential Decree among those that fall under any of the following subparagraphs:
(a) Artificial intelligence related to human life
(b) Artificial intelligence related to biometric recognition
(c) Artificial intelligence related to the management and operation of major social infrastructures such as transportation, water supply, gas, heating, and electricity
(d) Artificial intelligence used for determining personnel evaluation or job placement such as recruitment
(e) Artificial intelligence related to essential public and private services such as emergency services and loan credit evaluation
(f) Artificial intelligence used for the exercise of authority by state agencies that may infringe on fundamental rights, such as investigation and prosecution
(g) Artificial intelligence related to immigration, asylum, and immigration control, such as verifying the authenticity of documents and risk assessment
5. "High-risk artificial intelligence business operator" means a person who develops or utilizes high-risk artificial intelligence and falls under any of the following subparagraphs:
(a) High-risk artificial intelligence developer: A person who engages in economic activities related to the development of high-risk artificial intelligence
(b) High-risk artificial intelligence user: A person who provides products or services using high-risk artificial intelligence
6. "User" means a person who uses products or services provided by an artificial intelligence business operator.
Article 3 (Basic Principles for Development and Utilization of Artificial Intelligence)
(1) Artificial intelligence shall be developed and utilized for the development and convenience of humanity.
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(2) The development and utilization of artificial intelligence shall be carried out in a way that does not discriminate against individuals or groups based on gender, age, ethnicity, religion, social status, economic situation, or political views.
(3) The development or utilization of artificial intelligence shall be carried out in a way that can guarantee the right to self-determination of personal information, and reliability and transparency shall be ensured.
Article 4 (Responsibilities of the State and Local Governments)
(1) The State and local governments shall establish and promote measures to ensure the safe development and utilization of artificial intelligence.
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(2) The State shall establish measures to ensure respect for human dignity and value in relation to artificial intelligence.
(3) The State may support necessary matters for improving public awareness, education on sound utilization, and practice of self-regulation necessary for promoting the public use of artificial intelligence.
Article 5 (Obligations, etc. of Artificial Intelligence Business Operators)
(1) Artificial intelligence business operators shall endeavor to comply with the basic principles for the development and utilization of artificial intelligence.
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(2) Artificial intelligence business operators shall fairly guarantee the rights of users in the process of developing or utilizing artificial intelligence and shall actively provide relief if users suffer damage.
(3) Artificial intelligence business operators that meet the criteria prescribed by Presidential Decree considering the business sector, sales amount, number of users, etc., shall operate a committee (hereinafter referred to as the "Business Operator Responsibility Committee") to comply with the basic principles of artificial intelligence technology development and fulfill the responsibilities of business operators.
(4) The Business Operator Responsibility Committee under paragraph (3) may conduct an annual survey on the ethical validity of algorithm composition and artificial intelligence technology and prepare and disclose a report thereon.
(5) The Minister of Science and ICT may provide administrative and financial support to the Business Operator Responsibility Committee under paragraph (3).
Article 6 (Relationship with Other Acts)
(1) When enacting or revising other Acts related to artificial intelligence, efforts shall be made to align them with the purpose and basic principles of this Act.
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(2) Matters concerning artificial intelligence shall be governed by this Act, except as otherwise provided for in other Acts.
(3) Matters concerning personal information, copyright, and public data shall be governed by other Acts such as the Personal Information Protection Act, the Copyright Act, and the Act on Promotion of the Provision and Use of Public Data.
Chapter 2 Promotion of Artificial Intelligence
Article 7 (Development of Artificial Intelligence Technology)
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(1) The government shall establish and promote measures to promote the development and diffusion of artificial intelligence technology.
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(2) The government may, as prescribed by Presidential Decree, have any of the following institutions, organizations, or business operators (hereinafter referred to as "research institutions, etc." in this Article) develop artificial intelligence technology (hereinafter referred to as "technological development") for the continuous development of artificial intelligence technology.
1. National or public research institutes
2. Research institutes subject to the Act on the Promotion of Specialized Research Institutes
3. Government-funded research institutes established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or government-funded science and technology research institutes established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes
4. Schools under each subparagraph of Article 2 of the Higher Education Act
5. Company-affiliated research institutes recognized pursuant to Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act
6. Industrial technology research associations under the Industrial Technology Research Association Promotion Act
7. Artificial intelligence business operators engaged in artificial intelligence-related business
8. Other institutions, organizations, or business operators prescribed by Presidential Decree
(3) The expenses necessary for technological development shall be covered by government contributions, contributions from persons other than the government, and other corporate R&D expenses.
(4) Matters necessary for the designation of research institutions, etc. under paragraph (2) and the coverage of expenses under paragraph (3) shall be prescribed by Presidential Decree.
Article 8 (Technical Standards)
(1) The Minister of Science and ICT may establish and announce technical standards necessary to ensure the stability, reliability, and interoperability of artificial intelligence technology.
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(2) Artificial intelligence business operators shall develop, manage, and utilize artificial intelligence technology in accordance with the standards announced by the Minister of Science and ICT.
Article 9 (Standardization of Artificial Intelligence Technology)
(1) The Minister of Science and ICT may promote the following projects for the development and activation of utilization of artificial intelligence technology related to the standardization of artificial intelligence technology.
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1. Establishment, revision, abolition, and dissemination of standards related to artificial intelligence technology
2. Survey, research, and development of domestic and international standards related to artificial intelligence technology
3. International standardization projects related to artificial intelligence technology
4. Other standardization projects related to artificial intelligence technology
(2) The Minister of Science and ICT may provide administrative, financial, and technical support for standardization projects related to artificial intelligence technology promoted by the private sector.
(3) The Minister of Science and ICT shall maintain and strengthen the cooperative system with international standardization organizations or international standards bodies related to artificial intelligence technology standards.
(4) Matters necessary for the promotion of standardization projects, etc. under paragraphs (1) to (3) shall be prescribed by Presidential Decree.
Article 10 (Fostering of Professional Personnel)
(1) The Minister of Science and ICT shall establish and promote the following measures necessary for fostering professional personnel for the development of artificial intelligence technology.
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1. Understanding the actual demand for professional personnel and establishing mid- to long-term supply and demand forecasts
2. Designation, establishment, or support of professional personnel training institutions
3. Support for the development and dissemination of educational programs for fostering professional personnel
4. Support for artificial intelligence technology-related education conducted by schools under each subparagraph of Article 2 of the Higher Education Act and other educational institutions
5. Settlement of the qualification system related to artificial intelligence technology and support for the supply and demand of professional personnel
6. Other matters prescribed by Presidential Decree as necessary for fostering professional personnel
(2) The Minister of Science and ICT may designate schools under each subparagraph of Article 2 of the Higher Education Act as professional personnel training institutions to provide education and training for fostering professional personnel pursuant to paragraph (1), and may support necessary expenses within the budget.
(3) The Minister of Science and ICT may revoke the designation of a professional personnel training institution designated pursuant to paragraph (2) if it falls under any of the following subparagraphs. However, if it falls under subparagraph 1, the designation shall be revoked.
1. Where it has been designated as a professional personnel training institution by false or other improper means
2. Where it fails to meet the designation requirements under paragraph (4)
3. Where there are no education or training results for at least one year from the date of designation as a professional personnel training institution
(4) Matters concerning the establishment of measures under paragraph (1), requirements and procedures for designation of professional personnel training institutions under paragraph (2), and procedures for revocation of designation under paragraph (3) shall be prescribed by Presidential Decree.
Article 11 (Promotion of and Support for Leading Projects)
(1) The Minister of Science and ICT shall actively promote leading projects that pilot the application of artificial intelligence technology in various fields of society to activate the utilization of artificial intelligence technology or combine artificial intelligence technology with other technologies.
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(2) The Minister of Science and ICT may provide administrative, financial, and technical support so that the leading projects under paragraph (1) can be promoted efficiently.
Article 12 (Support for Practical Application and Commercialization of Artificial Intelligence)
The government may provide the following support to persons intending to practically apply (referring to making technology actually used to provide products and services; the same shall apply hereinafter) or commercialize (referring to commercialization under Article 2 (3) of the Technology Transfer and Commercialization Promotion Act; the same shall apply hereinafter) the results of the development of artificial intelligence technology.
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1. Loans for funds needed for facility investment for practical application or commercialization
2. Arranging for free transfer or exclusive or non-exclusive license of intellectual property rights under Article 3 (3) of the Framework Act on Intellectual Property generated from technological development
3. Other matters prescribed by Presidential Decree as necessary to support the practical application or commercialization of technological development results
Article 13 (Support for Small and Medium Enterprises)
The Minister of Science and ICT may provide administrative, financial, and technical support to small and medium enterprises (referring to small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises) that develop artificial intelligence technology or services to promote the utilization of artificial intelligence technology.
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Article 14 (Reproduction and Transmission for Information Analysis)
(1) Where it is for the purpose of developing and utilizing artificial intelligence and to collect and analyze a large amount of information including a number of works using computers, etc. and generate additional information or value without enjoying the ideas or emotions expressed in the works, the works may be reproduced and transmitted within the necessary scope. However, this is limited to cases where lawful access to the relevant works is available.
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(2) Reproductions made pursuant to paragraph (1) may be kept within the necessary scope for information analysis.
Article 15 (International Cooperation)
The government may carry out projects to encourage bilateral or multilateral international cooperation on the public use of artificial intelligence.
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Article 16 (Implementation of Artificial Intelligence Ethics Education)
The government shall conduct artificial intelligence ethics education for artificial intelligence business operators and the general public to promote sound development in the field of artificial intelligence.
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Article 17 (Principles of Regulation)
(1) Anyone may develop or utilize artificial intelligence, and the government shall restrict it if it is deemed to harm or is likely to harm the life, body, and property of people in the process of developing or utilizing artificial intelligence.
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(2) The government shall improve and reorganize artificial intelligence-related statutes and systems under its jurisdiction to comply with the principles under this Act.
Chapter 3 Development and Utilization of High-Risk Artificial Intelligence
Article 18 (Establishment of Basic Plans for High-Risk Artificial Intelligence)
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(1) The government shall establish a basic plan for high-risk artificial intelligence (hereinafter referred to as the "basic plan") every three years for the safe and reasonable development and utilization of high-risk artificial intelligence and its algorithms.
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(2) The basic plan shall be established by the Minister of Science and ICT after hearing the opinions of the heads of related central administrative agencies (including agencies under the President and agencies under the Prime Minister; the same shall apply hereinafter) and heads of local governments, and shall be established and finalized after deliberation by the Information and Communications Strategy Committee under Article 7 of the Act on the Promotion and Convergence Activation of Information and Communications (hereinafter referred to as the "Information and Communications Strategy Committee"). The same shall apply to the amendment of the basic plan.
(3) Where the Minister of Science and ICT requests the heads of central administrative agencies and heads of local governments to provide data necessary for establishing the basic plan, the heads of the relevant agencies shall comply with such request unless there are special circumstances.
(4) The basic plan shall include the following matters:
1. Establishment of basic principles for regulating high-risk artificial intelligence and its algorithms
2. Establishment of related policies for regulating high-risk artificial intelligence and its algorithms
3. Matters concerning social change aspects and policy responses related to high-risk artificial intelligence
4. Matters concerning the introduction of high-risk artificial intelligence in the public sector
5. Matters concerning the enactment and revision of ethical principles and related statutes
--- to be revised
6. Matters concerning international cooperation
7. Matters concerning the raising and operation of funds necessary for policy implementation
8. Matters concerning the Business Operator Responsibility Committee under Article 5 (3)
9. Other important matters related to high-risk artificial intelligence submitted to the meeting by the chairperson
Article 19 (Responsibilities of High-Risk Artificial Intelligence Developers)
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(1) High-risk artificial intelligence developers shall comply with the following matters:
1. Risk assessment on whether there is a significant risk to the life or physical safety of the people in relation to the development of high-risk artificial intelligence
2. Digitization of documents by stage of development of high-risk artificial intelligence
3. Record for tracking the results of high-risk artificial intelligence development
4. Provision of information to users of high-risk artificial intelligence
5. Management and supervision of high-risk artificial intelligence by humans
6. Strengthening of cybersecurity in the process of developing high-risk artificial intelligence
(2) High-risk artificial intelligence developers shall inform users and stakeholders of the operating principles of high-risk artificial intelligence algorithms, etc. However, this shall not apply to cases prescribed by Presidential Decree as trade secrets.
(3) Matters concerning compliance matters under paragraph (1) and notification procedures under paragraph (2) shall be prescribed by Presidential Decree.
Article 20 (Responsibilities of High-Risk Artificial Intelligence Users)
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(1) High-risk artificial intelligence users shall continuously conduct monitoring to ensure that products or services using high-risk artificial intelligence do not infringe on the rights of users.
(2) High-risk artificial intelligence users shall notify users in advance that services using high-risk artificial intelligence are being provided.
(3) Where there is a possibility of causing significant risks to the life or physical safety of users due to the use of high-risk artificial intelligence, high-risk artificial intelligence users shall explain so that users can understand the risks.
(4) The Minister of Science and ICT may provide administrative, financial, and technical support necessary for monitoring under paragraph (1).
(5) Matters concerning notification under paragraph (2) and explanation procedures under paragraph (3) shall be prescribed by Presidential Decree.
Article 21 (Rights of High-Risk Artificial Intelligence Users)
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(1) Users of high-risk artificial intelligence products or services have the following rights:
1. Right to request explanation of products or services using high-risk artificial intelligence
2. Right to raise objections to or refuse products or services using high-risk artificial intelligence
(2) High-risk artificial intelligence business operators shall inform users of the fact that the products or services they provide are processed by high-risk artificial intelligence and matters concerning the right to request explanation and the right to raise objections or refuse under paragraph (1).
(3) Users may request high-risk artificial intelligence business operators to provide relevant data to verify whether they have suffered disadvantages due to high-risk artificial intelligence. In such cases, the high-risk artificial intelligence business operator who has been requested to provide data shall process such request unless there are special provisions in other Acts or justifiable grounds.
(4) Where a user has requested the provision of data pursuant to paragraph (3) but the relevant high-risk artificial intelligence business operator refuses to do so, the user may request the Information and Communications Strategy Committee to order the relevant high-risk artificial intelligence business operator to provide such data.
(5) Where there is a request under paragraph (4), the Information and Communications Strategy Committee may, after deliberation, order the high-risk artificial intelligence business operator to provide the relevant data.
(6) A high-risk artificial intelligence business operator shall provide the information to the person who made the request under paragraph (1) without delay within seven days from the date of receiving an order under paragraph (5).
(7) A user who has received relevant data pursuant to paragraph (6) shall not use the relevant data for purposes other than the purpose for which it was requested pursuant to paragraph (3) or the purpose for which it was requested pursuant to paragraph (4).
(8) Detailed matters concerning the right to request explanation, right to raise objections, and right to refuse high-risk artificial intelligence under paragraph (1), and the procedures for requesting, demanding, and providing data under paragraphs (3) to (7) shall be prescribed by Presidential Decree.
Article 22 (General Principles of Liability of High-Risk Artificial Intelligence Business Operators)
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(1) A high-risk artificial intelligence business operator shall be liable for compensation for damages caused to users of high-risk artificial intelligence products or services due to violation of obligations under this Act.
(2) A high-risk artificial intelligence business operator liable for damages pursuant to paragraph (1) may be exempted from or have its liability for damages mitigated if it proves any of the following:
1. The user's damage was not caused by the relevant high-risk artificial intelligence
2. The relevant high-risk artificial intelligence business operator did not supply products or services using high-risk artificial intelligence technology
3. The relevant high-risk artificial intelligence business operator had no intention or negligence
4. The defect could not be discovered at the level of science and technology at the time of supplying the relevant high-risk artificial intelligence product or service
5. The defect in the relevant high-risk artificial intelligence product or service occurred by complying with the standards prescribed by statutes at the time the high-risk artificial intelligence business operator supplied the relevant high-risk artificial intelligence service
(3) The government may recommend high-risk artificial intelligence business operators to subscribe to insurance to cover damages caused by high-risk artificial intelligence products or services. In such cases, the government may provide financial support for insurance subscription.
(4) The government shall prepare measures to support the development of financial or insurance products to respond to damages caused by the utilization of high-risk artificial intelligence products or services.
(5) Matters necessary for recommending and supporting insurance subscription under paragraph (3) and supporting finance under paragraph (4) shall be prescribed by Presidential Decree.
Chapter 4 Mediation of Artificial Intelligence-Related Disputes
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Article 23 (Artificial Intelligence Dispute Mediation Committee)
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(1) The Artificial Intelligence Dispute Mediation Committee (hereinafter referred to as the "Dispute Mediation Committee") shall be established under the Ministry of Science and ICT to mediate disputes concerning artificial intelligence.
(2) The Dispute Mediation Committee shall be composed of not more than 20 members, including one chairperson, and the members shall be composed of ex officio members and commissioned members.
(3) The commissioned members shall be commissioned by the Minister of Science and ICT from among those who fall under any of the following subparagraphs, and public officials belonging to state agencies prescribed by Presidential Decree shall be ex officio members.
1. A person who has served as a public official belonging to the Senior Civil Service of a central administrative agency in charge of artificial intelligence affairs or a person who is serving or has served in an equivalent position in the public sector and related organizations and has experience in artificial intelligence affairs
2. A person who is serving or has served as an associate professor or higher or in an equivalent position at a university or an authorized research institute
3. A person who is serving or has served as a judge, prosecutor, or attorney
4. A person recommended by civic groups or consumer organizations related to artificial intelligence
5. A person who is serving or has served as an executive of a business operators' organization composed of artificial intelligence business operators
(4) The chairperson shall be commissioned by the Minister of Science and ICT from among the members who are not public officials.
(5) The term of office of the chairperson and commissioned members shall be two years, and they may be reappointed for one consecutive term.
(6) The Dispute Mediation Committee may, if necessary for efficiently performing mediation affairs, have a mediation division composed of not more than five members for each field of mediation cases as prescribed by Presidential Decree. In such cases, matters resolved by the mediation division with the delegation of the Dispute Mediation Committee shall be deemed to have been resolved by the Dispute Mediation Committee.
(7) The Dispute Mediation Committee or mediation division shall commence with the attendance of a majority of the incumbent members and shall resolve with the consent of a majority of the members present.
(8) The Minister of Science and ICT may process affairs necessary for mediation, such as receipt of dispute mediation and fact-finding.
(9) Matters necessary for the operation of the Dispute Mediation Committee other than those prescribed in this Act shall be prescribed by Presidential Decree.
Article 24 (Guarantee of Position of Members)
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A member shall not be removed or dismissed against his/her will unless he/she is sentenced to imprisonment without labor or a heavier punishment or is unable to perform his/her duties due to mental or physical disabilities.
Article 25 (Exclusion, Challenge, and Evasion of Members)
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A member of the Dispute Mediation Committee shall be excluded from the deliberation and resolution of a dispute mediation case filed with the Dispute Mediation Committee pursuant to Article 26 (1) (hereinafter referred to as "case" in this Article) in any of the following cases:
1. Where the member or his/her spouse or ex-spouse is a party to the case or is related to the case as a joint right holder or a joint obligor
2. Where the member is or was a relative of a party to the case
3. Where the member has testified, provided an expert opinion, or given legal advice on the case
4. Where the member is or was involved in the case as an agent of a party
Article 26 (Application for Mediation)
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(1) A person who desires mediation of a dispute related to artificial intelligence may apply for dispute mediation to the Dispute Mediation Committee.
(2) When the Dispute Mediation Committee receives an application for dispute mediation from either party, it shall notify the other party of the details of the application.
(3) Where a public institution under Article 4 of the Act on the Management of Public Institutions receives a notice of dispute mediation under paragraph (2), it shall respond to the dispute mediation unless there are special circumstances.
Article 27 (Processing Period)
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(1) The Dispute Mediation Committee shall examine an application for dispute mediation filed pursuant to Article 26 (1) and prepare a draft mediation within 60 days from the date of receipt of such application. However, the processing period may be extended by resolution of the Dispute Mediation Committee if there are unavoidable circumstances.
(2) Where the Dispute Mediation Committee has extended the processing period pursuant to the proviso of paragraph (1), it shall notify the applicant of the reason for the extension of the period and other matters concerning the extension of the period.
Article 28 (Request for Data)
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(1) Where the Dispute Mediation Committee receives an application for dispute mediation pursuant to Article 26 (1), it may request the parties to provide data necessary for mediating the relevant dispute. In such cases, the parties shall comply with the request unless there are justifiable grounds.
(2) The Dispute Mediation Committee may, if deemed necessary, have the parties or witnesses appear before the Committee to hear their opinions.
Article 29 (Recommendation for Agreement Before Mediation)
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Where the Dispute Mediation Committee receives an application for dispute mediation pursuant to Article 26 (1), it may present the details thereof to the parties and recommend an agreement before mediation.
Article 30 (Mediation of Disputes)
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(1) The Dispute Mediation Committee may prepare a draft mediation including any of the following matters:
1. Restitution, compensation for damages, and other necessary remedies
2. Measures necessary to prevent the recurrence of the same or similar infringement
(2) Where the Dispute Mediation Committee prepares a draft mediation pursuant to paragraph (1), it shall present it to each party without delay.
(3) Where a party who has been presented with a draft mediation pursuant to paragraph (1) fails to notify its acceptance or rejection within 15 days from the date of such presentation, it shall be deemed to have rejected the mediation.
(4) Where a party accepts the details of mediation, the Dispute Mediation Committee shall prepare a mediation protocol, and the chairperson of the Dispute Mediation Committee and each party shall affix their signatures and seals thereto.
(5) A mediation under paragraph (4) shall have the same effect as a settlement in court.
Article 31 (Rejection and Suspension of Mediation)
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(1) Where the Dispute Mediation Committee deems that a dispute is not suitable for mediation by the Dispute Mediation Committee due to the nature of the dispute or that mediation has been applied for unjust purposes, it may reject such mediation. In such cases, the reasons for rejecting mediation, etc. shall be notified to the applicant.
(2) Where either party files a lawsuit on a mediation case for which an application has been filed while the processing procedures therefor are underway, the Dispute Mediation Committee shall suspend the processing of such mediation and notify the parties thereof.
Article 32 (Mediation Procedures)
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(1) Matters necessary for mediation methods, mediation procedures, and processing of mediation affairs other than those prescribed in Articles 26 through 31 shall be prescribed by Presidential Decree.
(2) The Civil Mediation Act shall apply mutatis mutandis to matters not prescribed in this Act concerning the operation of the Dispute Mediation Committee and dispute mediation procedures.
CHAPTER V SUPPLEMENTARY PROVISIONS
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Article 33 (Delegation and Entrustment of Authority)
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(1) Part of the authority of the Minister of Science and ICT under this Act may be delegated to the head of an agency under his/her jurisdiction or entrusted to the head of a corporation or organization prescribed by Presidential Decree as prescribed by Presidential Decree.
(2) The Minister of Science and ICT shall direct and supervise a person to whom authority has been delegated or entrusted pursuant to paragraph (1) with regard to the affairs delegated or entrusted.
(3) The Minister of Science and ICT may request a person to whom authority has been delegated or entrusted pursuant to paragraph (1) to submit necessary data.
Article 34 (Deemed Public Officials for Purposes of Penalty Provisions)
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40 words
Any of the following persons shall be deemed a public official for the purposes of Articles 127 and 129 through 132 of the Criminal Act:
1. A member of the Dispute Mediation Committee under Article 23 who is not a public official
2. A person engaged in affairs entrusted pursuant to Article 33
ADDENDA
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Article 1 (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
Article 2 (Partial Amendment to the Act on the Promotion and Convergence Activation of Information and Communications) The Act on the Promotion and Convergence Activation of Information and Communications shall be partially amended as follows:
Subparagraph 7-3 shall be newly inserted in Article 7 (3) as follows:
7-3. Matters concerning the basic plan for high-risk artificial intelligence and requests for submission of data by high-risk artificial intelligence users under the Artificial Intelligence Liability Act
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