Fake precedents generated by AI could lead to full litigation costs and fines

If a party or legal representative in a lawsuit uses artificial intelligence (AI) to submit fabricated statutes or precedents, a plan is being considered that would allow the court to order them to bear all litigation costs.
According to the Supreme Court of Korea's National Court Administration on the 31st, the Task Force on Responding to AI-Based False Claims and Evidence Submissions, which has been operating since last November, recently proposed these response measures. The task force suggested that when AI-generated false information is submitted without verification and this delays proceedings or causes unnecessary expenses, all or part of the resulting responsibility should be imposed on the party involved.
In particular, when an attorney neglects this duty, the court would be able to request disciplinary action from the Korean Bar Association (KBA). The proposals also include revising the Rules of Civil Procedure to require parties to disclose their use of AI to the court and the opposing party, and to impose a duty to verify the accuracy of AI-generated content. False citations could result in fines. In addition, the Judicial Information Disclosure Portal will be upgraded with a "fake case number check" function so that anyone can verify whether a cited precedent actually exists.
hwlee@fnnews.com Lee Hwan-joo Reporter