Foreign AI business operators above the threshold must designate a domestic representative in Korea
Context fileUnder Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust, Article 36
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.
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satisfiesContractual termLegal counsel · once per ai systemContractual allocation of AI duties across the supply chain
Serves 8 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.
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 |
Cite this record
AIPolicyTracker (2026). “Foreign AI business operators above the threshold must designate a domestic representative in Korea (Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust)”. https://aipolicytracker.org/obligations/south-korea-ai-basic-act-art-36-domestic-representative (accessed 24 September 2026). Data licensed CC BY 4.0.
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.
Similar obligations in other instruments
- Providers of GPAI models must notify the Commission within two weeks of meeting the systemic-risk threshold — EU AI Act, European Union
- Providers must meet the full set of provider duties for high-risk AI — EU AI Act, European Union
- Use high-risk AI as instructed, monitor it and inform affected people — 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
- Non-EU providers of GPAI models must appoint an EU authorised representative — EU AI Act, European Union
Informational only, not legal advice. Verify every claim against the linked official sources and consult qualified counsel before acting.