South KoreaAI Framework Act, Article 36 (domestic representative of a foreign AI business operator)
In force since .
An AI governance rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Market targeting, User location
- Obligation class
- Governance, Reporting
- Audit expectation
- none
What it requires
- If you have no address or business office in Korea and meet one of the Enforcement Decree's thresholds (prior-year revenue of KRW 1 trillion or more, prior-year AI-service revenue of KRW 10 billion or more, an average of 1,000,000 or more daily Korean users over the last three months of the prior year, or a past fine for ignoring a stop or correction order under the Act), designate a domestic representative in writing and report the designation to the Minister of Science and ICT.
- Choose a representative that has an address or business office in Korea.
- Authorize the representative to submit your Article 32(2) results, to request the Minister's confirmation that your AI is high-impact, and to support your Article 34(1) safety and reliability measures, including checking that the documents are current and accurate.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 36 requires a foreign operator over the Decree's thresholds to designate and report a domestic representative. It states no duty to create, keep or later produce a log or record.
- Kind
- None
- As of
What this law does
An AI business operator with no address or business office in Korea, whose users or revenue meet the thresholds the Enforcement Decree sets, must designate a domestic representative in writing and report the designation to the Minister of Science and ICT.
The representative acts for the operator in submitting the results required by Article 32(2), in asking the Minister to confirm that its AI is high-impact, and in supporting the Article 34(1) safety measures, including checking that the documents are current and accurate. The representative must have an address or business office in Korea. A violation of the Act by the representative in these matters is treated as the act of the operator that designated it.
The Enforcement Decree sets the thresholds as prior-year revenue of KRW 1 trillion or more, prior-year AI-service revenue of KRW 10 billion or more, an average of 1,000,000 or more daily domestic users over the last three months of the prior year, or a past fine under Article 43(1)(3) of the Act. An operator that fails to designate a representative is subject to an administrative fine of up to KRW 30 million. Article 36 took effect on , with the rest of the Act.
When LexLint raises it
When your app profile says your app trains models, generates content with AI, makes high-risk automated decisions or processes biometric data.
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