Four in Five Judges Say They Have Encountered "AI-Fabricated Precedents"

Supreme Court's "Survey Results on Citations of AI-Fabricated Precedents and Other Cases"

A survey found that about four out of five judges handling civil, family, and administrative cases had encountered citations of fabricated or nonexistent precedents.

On November 2, the Supreme Court of Korea released the results of a survey titled “Survey Results on Citations of AI-Fabricated Precedents and Other Cases.” The survey was conducted from October 6 to 16, 2026, and received responses from 360 judges at courts of various levels. About 80% of respondents handling civil, family, and administrative cases said they had encountered citations of fabricated or nonexistent precedents. The most common type was the citation of nonexistent precedents (196 respondents, 80.7%), followed by citations of fabricated precedents (159 respondents, 65.4%).

The most frequently identified source of citations of fabricated or nonexistent precedents was a party to a lawsuit (164 respondents, 69.5%). Another 136 respondents (57.6%) identified litigation representatives or attorneys. In some cases, people submitted AI-generated fabricated rulings that closely copied the format of Supreme Court decisions. Some written submissions also contained verbatim text from conversations with artificial intelligence or wording about litigation strategies.

A total of 91.7% of the responding judges said institutional measures were needed. As many as 64.8% said they were “very necessary.”

The Supreme Court said, “Citations of fabricated or nonexistent precedents resulting from the use of AI place a burden on both the opposing party and the court, ultimately delaying the public’s right to a fair trial.” It added, “We plan to develop effective countermeasures in both institutional and practical terms.” The court said it would consult with relevant agencies, including the Ministry of Justice, submit to the National Assembly its view that legal provisions are needed to support measures such as imposing administrative fines, and consider providing guidance on its electronic litigation website about precautions when using AI.

Baek Jinwoo, Legal Times reporter

※This article is based on content supplied by Law Times.

This content was produced with the assistance of AI translation services.