Foreign AI business operators above the threshold must designate a domestic representative in Korea
Download: JSON · MarkdownUnder AI Basic Act, Article 36
What this label means
- Verified
- — a named reviewer opened the official source and confirmed the record; the date and the reviewer are shown.
- Pending review
- — linked to the official source and in the queue for a reviewer to confirm.
- Source-linked
- — linked to the official source, not yet confirmed by a reviewer.
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.
- Sectors
- Cross-sector / all sectors
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 systemContractual 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.
- AI System Inventory
Register · XLSX and DOCX · v6
- AI Acceptable Use Policy
Policy · DOCX · v1
- AI Governance Policy and RACI
Policy · DOCX and XLSX · v5
- ISO/IEC 42001 Gap Assessment and Statement of Applicability
Assessment · XLSX · v3
What evidence would a reviewer expect?
| Evidence | Type | Notes |
|---|---|---|
| Written designation of domestic representative | document |
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 | Reference | Note | Confidence |
|---|---|---|---|
| ISO/IEC 42001:2023 | Clause 5.3; Annex A.10.2 | Allocation of responsibilities to an external party. | medium |
| NIST AI RMF 1.0 | GOVERN 2.1 | Roles 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
- Use high-risk AI as instructed, monitor it and inform affected people — EU AI Act, European Union
- Providers must meet the full set of provider duties for high-risk AI — EU AI Act, European Union
- Providers must supply conformity evidence and log access to authorities on request — EU AI Act, European Union
- Non-EU providers must appoint an EU authorised representative for high-risk AI — EU AI Act, European Union
- Deployers, distributors and importers must assume provider duties when they rebrand or substantially modify high-risk AI — EU AI Act, European Union
- Law-enforcement deployers must obtain authorisation for post-remote biometric identification and report annually — EU AI Act, European Union
- Providers of GPAI models must notify the Commission within two weeks of meeting the systemic-risk threshold — EU AI Act, European Union
- Non-EU providers of GPAI models must appoint an EU authorised representative — EU AI Act, European Union
Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.