# Operators of high-impact AI should assess its impact on fundamental rights before use

- **Record type**: Obligation
- **Instrument**: Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust (AI Basic Act, Act No. 20676)
- **Jurisdiction**: South Korea
- **Category**: impact_assessment
- **Binding**: No
- **Applies from**: 2026-01-22
- **Provision**: Article 35

## What the duty requires

An AI business operator that provides high-impact AI, or a product or service using it, is to make efforts to assess in advance the impact the AI may have on people's fundamental rights. The provision is drafted as an endeavour duty rather than a hard requirement, but public bodies procuring high-impact AI are directed to give preference to products that have undergone such an assessment, and the ministry may set assessment methods.

## What an organisation does about it

Run a fundamental-rights impact assessment for each high-impact system, particularly where public-sector procurement is in view.

## Controls that meet this duty

- AI impact and fundamental-rights impact assessment (satisfies): https://aipolicytracker.org/controls/ai-impact-assessment

## Parent instrument

- Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust (AI Basic Act, Act No. 20676)
  - Record: https://aipolicytracker.org/policies/south-korea-framework-act-on-the-development-of-artificial-intelligence-and-establishment-of-a-foundation-for
  - Context file: https://aipolicytracker.org/policies/south-korea-framework-act-on-the-development-of-artificial-intelligence-and-establishment-of-a-foundation-for.md

## Provenance

- **Record page**: https://aipolicytracker.org/obligations/south-korea-ai-basic-act-art-35-high-impact-ai-impact-assessment
- **Official source**: https://www.law.go.kr/lsInfoP.do?lsiSeq=268543
- **Provision**: Article 35
- **Review status**: pending review
- **Confidence**: medium
- **Facts last confirmed**: never confirmed against the official source
- **Retrieved**: 2026-09-24
- **Licence**: https://creativecommons.org/licenses/by/4.0/

> This record is a structured summary with a link to the official text. It is not legal advice. Open the official source before relying on any date or duty. How current each record type must be is published at https://aipolicytracker.org/verification; what a record must carry at all is published at https://aipolicytracker.org/coverage.