AI 'ghost cases' haunt S. Korean courtrooms

South Korea’s judiciary is taking steps to combat the misuse of artificial intelligence in courtrooms, where AI-generated hallucinations have led to attorneys citing nonexistent ‘ghost precedents’ in legal filings. The National Court Administration (NCA) is reviewing legislative revisions to impose fines on lawyers submitting false citations and requiring them to disclose AI use in their submissions. Judges have reported an increase in false legal references, with some noting that nonexistent cases are now highlighted directly in the main text of judgments rather than footnotes. In one case at the Daegu High Court, an attorney cited a fake Supreme Court precedent, later admitting another nonexistent case upon clarification. Another lawyer in Gwangju incorrectly referenced Article 451 of the Civil Procedure Act with unrelated legal content, while an attorney in Ulsan acknowledged using Google Gemini without verifying a cited precedent. The NCA is pushing for amendments to allow courts to fine attorneys for false citations and restrict arguments if AI misuse delays proceedings. Courts may also impose litigation costs or seek disciplinary action against lawyers. To assist judges, the NCA added a verification tool to its Judicial Information Disclosure Portal in February, enabling users to check if case numbers exist. A guidebook was also distributed, providing AI prompts to authenticate cited precedents. The judiciary has secured 16.1 billion won ($10.6 million) to develop an internal AI system, including a pilot trial support system launched in February. This system contains Supreme Court precedents, written judgments, and legal commentaries, with plans to integrate generative AI in future phases. The NCA aims to streamline case reviews while reducing reliance on potentially misleading AI-generated legal references.