AI Data Center Special Act: 2027 Rules

The Special Act on AI Data Centers was promulgated on June 9, 2026, and will take effect on March 10, 2027. Detailed standards for the Ministry of Science and ICT’s integrated permitting process, processing deadlines, and special provisions for the power grid outside the Seoul metropolitan area will be prescribed by subordinate legislation. The public forum on September 9, 2026, is at the stage of discussing standards for scale, procedures, and support.

As of September 9, 2026

Implementation Schedule and Current Status

The Act has been promulgated but has not yet taken effect. The Ministry of Science and ICT is preparing subordinate legislation. A public forum will be held on September 9, 2026.

The matters discussed at the forum are not necessarily the final rules. The text must be reviewed after it has undergone legislative notice and finalization procedures. Until the Act takes effect, the current permitting system remains the applicable standard.

Scope of Application to AI Data Centers and Operators

The Special Act distinguishes AI data centers and related operators as legal subjects. However, facility scale and business type affect the actual boundaries of its application. Specific scale standards are among the key matters delegated to subordinate legislation.

An ordinary data center does not automatically become an AI data center. It must satisfy both the final definition and the scale requirements. The scope of operators must also be determined under the final subordinate legislation.

The following factors determine whether the Act applies:

• Whether the facility falls under the statutory definition of an AI data center
• Whether it meets the scale standards prescribed by subordinate legislation
• Whether the operating entity falls within the scope of operators under the Special Act
• Whether it satisfies the location requirements for each special provision

The method of applying the Act to projects already underway must also be checked separately. This may vary depending on the supplementary provisions and transitional measures. Retroactive application cannot be assumed based solely on the effective date.

Integrated Permitting Process

The integrated permitting process uses the Ministry of Science and ICT as a single point of contact. This can reduce the burden on operators of separately obtaining decisions from multiple relevant authorities. It does not eliminate the relevant authorities’ substantive review powers.

The basic processing flow can be understood as follows:

1. Confirm whether the project falls within the scope of the Special Act.
2. Submit the required permitting materials through the integrated point of contact.
3. The Ministry of Science and ICT requests reviews from the relevant authorities.
4. The result is processed after review and consultation by the relevant authorities.
5. If supplementation or separate conditions are required, satisfy those requirements.

Consolidated processing is a system that combines the application channel and interagency consultations. It does not exempt projects from safety and environmental requirements under individual laws. Required documents and consultation methods may be specified in subordinate legislation.

How Permitting Deadlines Work

The Special Act establishes a framework for managing permitting deadlines. The final subordinate legislation must be checked for the exact periods and calculation methods. Figures discussed at the forum stage must not be treated as finalized deadlines.

Under the deadline system, the following factors affect the actual schedule:

• The point at which the deadline begins to run
• How the time required to supplement materials is treated
• The scope requiring consultation with relevant authorities
• The legal effect that applies when a deadline has passed

The mere existence of a processing deadline does not mean automatic approval. The legal effect must be determined from the wording of the Act and subordinate legislation. Project schedules must also account for possible supplementation and review by relevant authorities.

Special Provisions for Power Grid Impact Assessments Outside the Seoul Metropolitan Area

The special power provisions may apply to AI data centers outside the Seoul metropolitan area. The system does not grant the same special provisions to every data center. The facility and operator requirements must also be met.

A power grid impact assessment examines the effect of large-scale electricity demand on the grid. The Special Act provides a legal basis for special provisions concerning locations outside the Seoul metropolitan area. Specific application standards will depend on subordinate legislation and related guidelines.

The special provisions are not a promise guaranteeing electricity supply. Available grid capacity and connection conditions may be reviewed separately. The cost or timing of grid reinforcement is not determined automatically either.

Gathering Residents’ Opinions and Community Cooperation

Communication with local residents is one component of the facility development process. Subordinate legislation may specify who is subject to opinion-gathering procedures and how those procedures are conducted. The scope and implementation methods of community cooperation are also at issue.

The matters to be reviewed are divided as follows:

• The scope of project information to be provided to residents
• When and how opinions may be submitted
• Community cooperation measures to be prepared by the operator
• Procedures for reviewing and recording submitted opinions

Gathering opinions is not the same as merely holding an information session. The procedures and records required by the final rules must be maintained. Any additional procedures applicable in each region must also be checked separately.

Electromagnetic Field Impact Measurement Guidelines

Guidelines for measuring electromagnetic field impacts are also included among the implementation preparations. The subjects and methods of measurement require technical standards. The method of disclosing results may also be addressed in subordinate rules.

The measurement guidelines provide objective standards for addressing residents’ concerns. However, the legal effect of the guidelines will depend on the final text. It cannot be assumed in advance that they constitute the same system as permitting requirements.

The finalized rules must be checked for the timing and location of measurements. The party responsible for measurement and the method of managing results must also be checked. Arbitrary standards must not be applied before detailed figures are announced.

Key Issues Remaining for Subordinate Legislation

Subordinate legislation serves to convert the principles of the Act into standards for actual enforcement. At the public forum stage, the final text has not been finalized. It is necessary to distinguish whether the following matters have been finalized.

The legal basis for support must be distinguished from the actual details of support. Support amounts or rates must be checked in the finalized rules. The promulgation of the Act alone does not determine support for an individual project.

Summary by Condition

The applicable systems vary depending on the facility type and location conditions. Meeting one requirement does not make all special provisions available. The separate requirements of each system must be checked.

Projects in the Seoul metropolitan area cannot be regarded as excluded from the entire Special Act. The distinction concerning areas outside the Seoul metropolitan area relates to the special power provisions. The overall scope of application must be determined from the wording of the final legislation.

Comparison of Finalized and Undecided Matters

The framework of the promulgated Act and the detailed standards in subordinate legislation must be read separately. The effective date of the Act has already been specified. Detailed scale requirements and procedures cannot be determined until the final rules are issued.

Forum materials are useful for understanding the direction of discussions. However, they do not replace the final Enforcement Decree or Enforcement Rules. Project assessments must be updated based on promulgated subordinate legislation.

Difference Between the Effective Date and Project Approval Date

March 10, 2027, is the effective date of the system, not the approval date for individual projects. The review period for each project varies depending on the application and reviews by relevant authorities. The power connection schedule may also be managed separately.

Project schedules need to distinguish among three dates:

• The date on which the Special Act and subordinate legislation take effect
• The date on which the integrated permitting application is received
• The date on which individual permitting and power-related procedures are completed

This distinction may also affect existing projects. Transitional measures determine whether procedures applied for before implementation will transition to the new system. The finalized subordinate legislation and supplementary provisions must be checked together.

Common Misconceptions

The special provisions of the Special Act do not eliminate all regulations. The integrated point of contact and special power provisions each have a limited scope. Care should be taken with the following interpretations:

• The interpretation that integrated permitting exempts a project from all reviews
• The interpretation that approval is automatic once the processing deadline has passed
• The interpretation that electricity supply is guaranteed outside the Seoul metropolitan area
• The interpretation that every data center is recognized as an AI data center
• The interpretation that forum agenda items are the final Enforcement Decree
• The interpretation that the special provisions took effect as soon as the Act was promulgated

The promulgation date and effective date are different. As of September 9, 2026, the Act has not yet taken effect. The final detailed standards must be checked in the promulgated subordinate legislation.

Where to Check the Original Legislation

The official provisions must be checked through the Korean Law Information Center. The title of the Act is the “Special Act on the Promotion of the Artificial Intelligence Data Center Industry.” Reviewing both the main text and the enactment and amendment text makes it possible to distinguish the effective date from the amendment history.

Posts from the Ministry of Science and ICT must be checked for discussions concerning subordinate legislation. After the forum, it is also necessary to see whether a legislative notice has been published. Final decisions must be based on the promulgated Enforcement Decree and Enforcement Rules.

Frequently Asked Questions

When does the Special Act on AI Data Centers take effect?

It takes effect on March 10, 2027. The promulgation date was June 9, 2026. Subordinate legislation will be prepared between these two dates.

Can the special provisions be used starting on September 9, 2026?

No. That is the date of the public forum on subordinate legislation. The Special Act is scheduled to take effect on March 10, 2027.

Does it apply to every data center?

No. A facility must satisfy the statutory definition of an AI data center. Detailed standards, including scale requirements, must be checked in subordinate legislation.

Does integrated permitting eliminate individual permits?

The integrated point of contact is a mechanism for consolidating administrative procedures. It does not eliminate substantive reviews by relevant authorities. Requirements under individual laws must also be met.

Is a power grid impact assessment waived outside the Seoul metropolitan area?

It must not be interpreted as a blanket exemption. The Special Act provides special provisions that may apply outside the Seoul metropolitan area. The final subordinate legislation must be checked for specific requirements and effects.

Do the special power provisions guarantee electricity supply?

They do not automatically guarantee electricity supply. Available grid capacity and connection conditions may be subject to separate review. The legal scope of the special provisions must also follow the final rules.

Has the scale of support been determined?

Support standards are among the matters to be specified in subordinate legislation. Any finalized amounts or rates must be checked in the promulgated text. The legal basis for support and individual support decisions are separate matters.

Are the matters discussed at the forum the final rules?

The forum is an opinion-gathering procedure. Discussion proposals may change during the legislative process. It is necessary to check whether the final Enforcement Decree and Enforcement Rules have been promulgated.