AI Basic Act · Article 36
Do you need a domestic agent under Korea’s AI Basic Act?
Framework Act on the Development of Artificial Intelligence and the Creation of a Foundation for Trust (the “AI Basic Act”), Article 36
In force In force since 22 January 2026.
Since 22 January 2026, AI businesses with no address or office in Korea must appoint a domestic agent in writing and file the appointment with the Minister of Science and ICT once they meet any one of four tests. Unlike the privacy and game laws, the AI Basic Act does not itself require public disclosure of the agent.
| Who | AI businesses with no office in Korea |
|---|---|
| Tests | Meet any one of 4 |
| Korean entity first? | No |
| Where the agent is published | Not required; filed with the Ministry of Science and ICT |
| Fine for no agent (cap) | KRW 30 million |
| Status | In force since 22 January 2026. |
| Korean title | 인공지능 발전과 신뢰 기반 조성 등에 관한 기본법 |
| Also called | Domestic representative, local representative (국내대리인) |
Who must appoint a domestic agent?
A company with no address or office in Korea that meets any one of these tests:
- Total revenue of KRW 1 trillion or more in the prior year
- Revenue of KRW 10 billion or more from AI services in the prior year
- 1 million or more users in Korea on a daily average over the last three months of the prior year
- A past fine for ignoring a stop or correction order under the Act
How are the numbers counted?
- Total revenue
- Revenue for the prior year, converted to Korean won at that year’s average exchange rate.
- AI-service revenue
- Revenue of KRW 10 billion or more from AI services.
- Users in Korea
- A daily average of 1 million or more users in Korea over the last three months of the prior year.
- Prior fine
- A past fine for ignoring a stop or correction order also triggers the duty.
Does a Korean entity have to be the agent?
The agent needs an address or office in Korea. The Act has no Korean-affiliate rule.
What does the agent do, and what stays with you?
| The agent | Your company |
|---|---|
| Submits the results of your safety measures | Runs the safety and trust measures the Act requires |
| Files requests to confirm whether a system is high-impact | Decides whether to ask, and provides the facts |
| Supports your safety and trust measures, including checking documents | Keeps the required documents current and accurate |
Anything the agent does wrong in these tasks is treated as your company’s own breach. Legal positions stay with your counsel.
Does the appointment have to be filed?
Yes. The appointment is filed with the Ministry of Science and ICT. The Act does not itself require you to publish the agent’s details.
Does the agent have to be published or filed?
The appointment must be filed with the Minister of Science and ICT. The Act does not require publishing the agent’s details.
What are the penalties?
| Failure | Cap | Standard amount in the decree |
|---|---|---|
| Not appointing an agent | Up to KRW 30 million | KRW 20 million, with reductions possible for smaller firms |
What is changing?
- The Ministry has said it will hold off on fact-finding investigations and fines for at least one year after the Act took effect. That is a policy statement, not part of the law, and no end date has been published.
Korea’s AI Basic Act Article 36 in English
Official English translation (Korea Legislation Research Institute). The Korean text on law.go.kr is the binding version.
Article 36 (Designation of Domestic Representative)
(1) An AI business operator that has no domicile or place of business in the country and meets the criteria for the number of users, sales revenue, etc. as prescribed by Presidential Decree shall designate a person who acts on behalf of the operator in the following matters (hereinafter referred to as a "domestic representative") in writing and shall report it to the Minister of Science and ICT: 1. Submission of implementation results under Article 32(2); 2. Request for confirmation of whether it falls under the high-impact AI under Article 33 (1); 3. Support necessary for implementing the measures to ensure safety and trustworthiness under the subparagraphs of Article 34(1) (including the inspection of the up-to-dateness and accuracy of the documents under subparagraph 5 of that paragraph).
(2) The domestic representative shall be a person that has a domicile or place of business within the Republic of Korea.
(3) Where a domestic representative has violated this Act in connection with the subparagraphs of paragraph (1), the AI business operator that designated the domestic representative shall be deemed to have committed the violation.
Enforcement Decree, Article 29: the thresholds
(1) "Persons meeting the criteria prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 36(1) of the Act refers to any of the following artificial intelligence business operators: 1. An artificial intelligence business operator whose revenue in the previous year (or in the previous fiscal year in the case of a corporation) is of 1 trillion won or more; 2. An artificial intelligence business operator whose revenue in the artificial intelligence services sector in the previous year (referring to the previous fiscal year in the case of a corporation) is 10 billion won or more; 3. An artificial intelligence business operator whose artificial intelligence products and artificial intelligence services have been used by an average of at least 1 million domestic users per day over the 3 months immediately preceding the end of the previous year; 4. An AI business operator that has been subject to an administrative fine under Article 43(1)3 of the Act.
(2) The revenue under paragraph (1)1 and 2 shall be calculated in Korean won using the average exchange rate of the previous year (referring to the preceding fiscal year in the case of a corporation).
How KoreaAgent runs it
- Ministry requests are logged, summarized for your team in English or Chinese, and sent to your decision-maker as a translated alert within two business hours
- We file what you approve, in Korean, and keep proof of submission
- If your users in Korea contact us, people answer — even though the Act itself only gives the agent regulator-facing work
Questions about the AI Basic Act agent rule
What is the AI Basic Act agent’s core role?
Submitting the results of your safety measures, filing requests to confirm whether a system is high-impact, and supporting your safety and trust measures, including checking that the required documents are current and accurate.
What happens if we do not appoint an AI Basic Act agent?
A fine of up to KRW 30 million. The decree sets a standard amount of KRW 20 million, with reductions possible for smaller firms.
Must our Korean subsidiary be the AI Basic Act agent?
No. The current Act has no Korean-affiliate rule; the agent needs an address or office in Korea.
Does the AI Basic Act require us to publish our agent?
No disclosure rule appears in Article 36 or the decree. The appointment is filed with the Ministry. Other laws you fall under — for example PIPA — may still require publishing the same agent.
Is there a grace period?
The Ministry announced it would not run fact-finding or impose fines for at least a year from 22 January 2026. It has not published an end date, and the appointment duty itself has applied since that day.
Can KoreaAgent be our AI Basic Act agent?
Yes. We also prepare the filing of the appointment with the Ministry of Science and ICT, which the Act requires.
Related questions
Sources
- AI Basic Act Art. 36 (Korean, official text)
- AI Basic Act Art. 43 (fines) (Korean, official text)
- Enforcement Decree Art. 29 (thresholds) (Korean, official text)
- Government announcement on the guidance period (21 Jan 2026) (Korean, official text)
- Framework Act on the Development of Artificial Intelligence and the Creation of a Foundation for Trust, English translation (for reference)
Korean title: 인공지능 발전과 신뢰 기반 조성 등에 관한 기본법. Summarized by Youngho Kim (KoreaAgent) from the official Korean text on law.go.kr, which is the authoritative version. This is general information, not legal advice, and it does not say whether the law applies to your company. Last reviewed: .