Artificial Intelligence Policy Tracker
Search
Menu

South Korea's AI Basic Act: what foreign companies must do

In force since January 2026 and reaching foreign operators: notice and labelling, safety measures above a compute threshold, high-impact AI duties, impact assessment and a Korean representative.

  1. In force and extraterritorial

    The Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust was promulgated on 21 January 2025 and has applied since 22 January 2026. It applies to AI business operators whose products and services reach Korea, including operators established abroad.

  2. Notice and labelling (Article 31)

    Notify users in advance that a product or service runs on high-impact or generative AI; label generative AI output; and clearly flag realistic synthetic media.

  3. Safety above the compute threshold (Article 32)

    Operators of AI systems above the compute threshold set by decree must run lifecycle risk management and report the safety results.

  4. High-impact AI (Article 34)

    Operators of high-impact AI must establish and operate a risk management plan, be able to explain outputs and their main criteria, ensure human management and supervision, and prepare user-protection measures and keep records of their safety and trust measures.

  5. Impact assessment (Article 35)

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

  6. Domestic representative (Article 36)

    Foreign AI business operators above the thresholds set by decree must designate a domestic representative in Korea.

  7. Reusing EU AI Act work

    Much of the evidence overlaps with the EU AI Act: Article 50 disclosures and marking for Article 31, the high-risk risk management, oversight and documentation for Article 34, and the fundamental rights impact assessment for Article 35. The Korean duties have their own thresholds and definitions, so map each one rather than assuming equivalence.

Obligations referenced in this guide

Frequently asked questions

Does the Korean AI Basic Act apply to foreign companies?

Yes. It applies to AI business operators whose products and services reach Korea, and foreign operators above set thresholds must designate a domestic representative (Article 36).

When did South Korea's AI Basic Act take effect?

On 22 January 2026, a year after it was promulgated on 21 January 2025.

What is high-impact AI under the Korean act?

AI that may significantly affect life, safety or fundamental rights in areas the Act lists. Operators of high-impact AI carry the Article 34 duties and should run an impact assessment under Article 35. Check the Act and its decree for the list.

How does it compare with the EU AI Act?

Both require disclosure and labelling of AI, extra duties for higher-risk uses and an impact assessment. The Korean act has its own definitions and thresholds and a domestic-representative duty for foreign operators, so map each duty rather than assuming equivalence.

Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.