Artificial Intelligence Policy Tracker
Legal requirement Governance and accountability South Korea In force

Foreign AI business operators above the threshold must designate a domestic representative in Korea

Download: JSON · MarkdownUnder AI Basic Act, Article 36

Verified against the official source 26 Sep 2026 (a factual check against the official source, not a legal review or legal advice)
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Verification policy and current standing · a factual check, not legal advice.
Record updated on 15 Oct 2026 · In force · official source last checked
On this page 9 sections

In brief

Foreign AI business operators above the threshold must designate a domestic representative in Korea is a legal requirement under AI Basic Act in South Korea (Article 36). It applies from 22 January 2026. The record carries 1 evidence example and mappings to 2 frameworks.

Instrument
AI Basic Act
Jurisdiction
South Korea
Nature
Legal requirement
Source reference
Article 36
Applies from
22 January 2026
Who it binds
Provider / developer, Authorised representative, General-purpose AI model provider
Evidence examples
1
Framework mappings
ISO/IEC 42001:2023, NIST AI Risk Management Framework 1.0
Controls that meet it
1
Official source
Open official text
Verification
Verified against the official source 26 Sep 2026

What does it require?

An AI business operator without an address or place of business in Korea, whose user numbers or revenue meet the thresholds set by Presidential Decree, must designate in writing a domestic representative with an address in Korea. The representative handles the operator's duties under the Act, including submitting the Article 32 safety results, supporting high-impact AI confirmation and cooperating with fact-finding investigations, and the operator is treated as responsible for the representative's acts.

Practical action

Check user and revenue figures against the decree thresholds and appoint a Korean representative by written designation before the duty bites.

Who does it apply to?

AI business operators established outside Korea that exceed the Presidential Decree user or revenue thresholds.

Applies from:

Which controls meet this duty?

Satisfies: the control, operated properly, does the work the duty asks for. Supports: it contributes but the duty needs more. Each control page lists every other duty it serves, so work done once can be counted once.

  • satisfiesContractual termLegal counsel · once per ai system
    Contractual allocation of AI duties across the supply chain

    Serves 9 recorded duties · evidence: AI supplier clause set, AI customer or deployer clause set, Contract clause index against the AI register

    The written designation and the representative's task list.

Templates that cover this duty

Generated from the records. Free · no account · links emailed to your work address. This duty is cited in each file with its source reference and a link back here.

All 10 templates that cover it →

What evidence would a reviewer expect?

Evidence examples
EvidenceTypeNotes
Written designation of domestic representativedocument

Framework mappings

Original editorial crosswalks. They cite clause numbers only and reproduce no standard text; confidence reflects how direct the mapping is.

See every South Korea duty mapped this way →

Framework mappings table
FrameworkReferenceNoteConfidence
ISO/IEC 42001:2023Clause 5.3; Annex A.10.2Allocation of responsibilities to an external party.medium
NIST AI RMF 1.0GOVERN 2.1Roles and responsibilities.low

Frequently asked questions

Is this a legal requirement?

Yes. It is a legal requirement under AI Basic Act (Article 36).

Who must comply with this obligation?

AI business operators established outside Korea that exceed the Presidential Decree user or revenue thresholds.

When does this obligation apply?

It applies from 22 January 2026.

What evidence shows compliance?

A reviewer would expect: Written designation of domestic representative.

Which frameworks map to this obligation?

It is mapped to ISO/IEC 42001:2023 Clause 5.3; Annex A.10.2, NIST AI Risk Management Framework 1.0 GOVERN 2.1. These are editorial crosswalks with a stated confidence, not official mappings.

Which controls satisfy this obligation?

Contractual allocation of AI duties across the supply chain.

What should an organisation do in practice?

Check user and revenue figures against the decree thresholds and appoint a Korean representative by written designation before the duty bites.

Cite this record

AIPolicyTracker (2026). “Foreign AI business operators above the threshold must designate a domestic representative in Korea (AI Basic Act)” [AIPT-OBL-0068, verified 26 September 2026 by Bhaskar Bhatt]. https://aipolicytracker.org/id/AIPT-OBL-0068 (accessed 8 November 2026). Data licensed CC BY 4.0.

Permanent id AIPT-OBL-0068: it never changes or gets reused, and its address keeps working if this page moves.

Cite the official text alongside it: Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust (AI Basic Act, Act No. 20676), Korea Ministry of Government Legislation, National Law Information Center, https://www.law.go.kr/lsInfoP.do?lsiSeq=268543.

BibTeX
@misc{aipolicytracker2026_foreignaibusinessoperato,
  author       = {{AIPolicyTracker}},
  title        = {{Foreign AI business operators above the threshold must designate a domestic representative in Korea (AI Basic Act)}},
  year         = {2026},
  howpublished = {\url{https://aipolicytracker.org/obligations/south-korea-ai-basic-act-art-36-domestic-representative}},
  url          = {https://aipolicytracker.org/obligations/south-korea-ai-basic-act-art-36-domestic-representative},
  urldate      = {2026-11-08},
  note         = {Data licensed CC BY 4.0. Accessed 8 November 2026}
}

Change history

No change to this record's tracked fields has been recorded since 15 October 2026, when field-level history began.

Similar obligations in other instruments

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