THE nation’s judiciary branch is stepping up its response to the use of artificial intelligence in court proceedings, as AI- generated hallucinations have led attorneys to cite non-existent “ghost precedents” in their legal submissions, according to the National Court Administration.
The administrative body of the court is reviewing legislative revisions, amending court procedures such as fines and other means to weed out false legal evidence created by AI.
Judges are increasingly raising concerns over plaintiffs and attorneys citing non-existent cases and statutes during court proceedings.
“In written judgements, I used to point out non-existent cases cited by lawyers in footnotes,” said one judge at a court in Seoul. “Now, there are so many that I point them out in brackets in the main text.”
“It is more time-consuming now, because I have to go through each cited case,” the judge added.
In one case reported by the Korean-language daily JoongAng Ilbo, an attorney handling a case at the Daegu High Court cited a non-existent Supreme Court precedent in a legal filing. When the court requested clarification, the attorney cited another case that also did not exist.
In another case, a lawyer in Gwangju cited Article 451 of the Civil Procedure Act but described legal content unrelated to the provision.
At the Ulsan District Court, an attorney cited an unrelated Supreme Court precedent, later acknowledging that they “did not properly review the content after looking up the precedent using Google Gemini”.
Courts are increasingly calling out such false citations.
In a judgement in an investment-related case at the Seoul Southern District Court, the court ruled in favour of the plaintiff, stating that “the defendant’s claims are based on precedents that do not exist”.
In response, the judiciary is pushing for a legislative amendment that would allow courts to fine attorneys who submit false statutes or precedents.
It is also seeking to amend court procedure rules to require parties to disclose whether they used AI in preparing their submissions. — The Korea Herald/ANN
