South Korea – A Model for AI Regulation?
By Ryan J Leck
Earlier this year in January 2025, South Korea published the Framework Act on Artificial Intelligence Development and Establishment of a Foundation for Trustworthiness (the ‘AI Act’). Taking effect in January next year, the AI Act seeks to promote AI development whilst protecting the rights and dignity of South Korean citizens, with a particular focus on strengthening national competitiveness. The legislation marks the first of its kind in the Asia-Pacific region, one that Australia can look to as a guide for comprehensive AI regulation. As formal legislation, the AI Act functions as the central authoritative framework that brings coherence to the various guidance documents previously issued by the government.
The AI Act follows the path set by earlier Korean government publications, including the “Guide on Generative AI and Copyright” (the ‘Guide’). The Guide, published in 2023 by the Ministry of Culture, Sports and Tourism (the ‘MCST’) in conjunction with the Korea Copyright Commission (the ’KCA’), laid the groundwork for AI regulation in the creation of copyrighted material. The Guide provides information for rights holders, such as recommendations on how to prevent AI from infringing their copyright, as well as offering clear definitions on creative works and authorship in the context of AI.
Chapter 5 of the Guide, titled “AI Output and Copyright Registration”, focuses on the interplay between creative authorship and AI implementation into creative works. Article 2.1 of the Korea Copyright Act (the ‘KCA’) defines a ‘work’ to be a ‘creative production that expresses human thoughts and emotions’, implying that output made specifically by generative AI is not copyright-protected as it is not made by a human. However, the guide notes that works featuring modifications made by AI, such as additions or deletions, editing or arranging the production, could still be copyright-protectable, so long as human input was ‘substantial’.
Since then, the MCST and KCA have published two more guides in 2025, expanding upon the information previously published. The “Generative AI Works Copyright Registration Guide” focuses on the registration process and its effects, underlining that when registering a work involving generative AI, applicants must clearly distinguish between AI-generated parts and the human-created parts. It highlights instructions on how to describe each portion when filling out copyright registration applications and cautions against false registrations.
On the other hand, the “Copyright Dispute Prevention Guide for Generative AI Results”, focuses on preventing copyright disputes resulting from generative AI use and providing a basic explanation for copyright basics. This guide offers specific guidelines for different stakeholders: creators and rights holders, AI users and AI businesses, as well as outlining recommendations and protections for each. The guide discusses the legal criteria for determining copyright infringement and its assessment of those criteria.
Between these official guides as well as the soon-to-be implemented AI Act, South Korea is at the forefront of robust AI regulation within the Asia-Pacific region. Artists and stakeholders at large in South Korea can take comfort knowing their rights have been contemplated and addressed by the South Korean government and legislation. Whilst there are several issues that have yet to be ironed out, such as consolidating regulatory authority under one committee, these developments represent an important step forward, and one that other jurisdictions in the region may wish to follow.
You can view the Guide on Generative AI and Copyright here.
