[2024 LTAS] The Future of Judiciary Transformed by AI... "Best Tool, Not a Replacement for Lawyers"

"If we face the risks associated with the introduction of artificial intelligence (AI) and continuously seek solutions, AI technology will be embraced as the best tool to support trials in the judiciary. It has become indispensable for courts to establish appropriate principles for the use of AI."

On the morning of the 26th, Won Ho-shin, Director of the Judicial Informatization Office at the Court Administration Office, delivered the keynote speech at the '2024 Legal Tech AI Special Exhibition (LTAS, Legal Tech & AI Show)' held at Hall A, 1st floor, COEX, Samseong-dong, Seoul. Photo by Legal News

Won Hosin, Director of the Judicial Informatization Office at the Court Administration Office, made these remarks as the first keynote speaker at the '2024 Legal Tech & AI Show (LTAS)' held on the 26th at COEX Hall A in Samseong-dong, Gangnam-gu, Seoul, hosted by Law Times and Messe Isang. He said, "There is a consensus on the need for more advanced trial support tools," and expressed expectations that "there will be effects such as improving the efficiency of trial procedures and hearings, enhancing the accuracy of trial guidance and document preparation, improving access to legal services, and increasing the cost-effectiveness of research."

The issue of introducing AI technology into the judiciary is already under active discussion. The Judicial Policy Advisory Committee, established as an advisory body to the Chief Justice of the Supreme Court, placed the issue of AI introduction on the agenda at its meeting on the 12th. Director Won stated, "We plan to establish legal and ethical standards for the introduction of AI systems into the judiciary and develop systems accordingly."

However, concerns remain about the introduction of AI technology into judicial procedures, including data bias, privacy and copyright infringement issues, and security concerns. Nevertheless, expectations for the positive effects of AI introduction are growing, developing into an industry form called 'Legal Tech.'

Director Won emphasized, "The next-generation electronic litigation system currently under development at the court plans to introduce a big data platform applying AI models, a similar case judgment document recommendation model, and a litigation procedure guidance bot (chatbot)." He added, "Judiciary budget support is also necessary for this." Furthermore, he mentioned that AI could be comprehensively utilized in overall judicial procedures for research, record review, calculation assistance, and error detection in judgments.

Nevertheless, he expressed a negative outlook on whether "AI will replace judges in the near future." Article 27 of the Constitution of the Republic of Korea states, "All citizens shall have the right to receive a trial by judges determined by the Constitution and laws." In fact, during the 21st National Assembly, there were concerns that judgments made by AI might infringe on the constitutionally guaranteed "right to be tried by judges." Director Won said, "I believe AI will greatly contribute to speedy trials, but ultimately, trials must be conducted by judges who conscientiously judge according to the Constitution."

On the morning of the 26th, Lee Seong-beom, Director of the Information and Communication Division of the Planning and Coordination Department at the Supreme Prosecutors' Office, delivered the keynote speech at the '2024 Legal Tech AI Special Exhibition (LTAS, Legal Tech & AI Show)' held at Hall A on the 1st floor of COEX, Samseong-dong, Seoul. Photo by Beopryul Sinmun

The prosecution, as an investigative agency, shared this view. Lee Seongbeom, Director of the Information and Communication Division of the Planning and Coordination Department at the Supreme Prosecutors' Office, who gave the second keynote speech, lectured on "Utilization Plans of Generative AI in Prosecutorial Case Handling." Director Lee said, "As a result of empirical research on the possibility of using generative AI in investigative work, AI was capable of summarizing investigative information and drafting documents, but post-verification by legal experts was still necessary," adding, "Basically, generative AI cannot replace legal experts and will serve as an auxiliary tool."

The prosecution is preparing to open the next-generation Criminal Justice Information System (KICS) applying AI technology in the second half of this year. The current KICS has been in use since its introduction in August 2010, marking 14 years of operation this year.

Director Lee explained, "The biggest feature of the next-generation KICS is the complete digitization of criminal procedures," emphasizing, "The main goal is to eliminate paper throughout the entire process from warrants to investigation stages." He added, "Prosecutors in trials will also conduct trial work using tablet PCs without paper."

The AI-introduced services to be applied in the second half of this year include ▲recommendation of investigative documents for similar cases, ▲support for drafting investigation reports via speech recognition, and ▲chatbots. The recommendation of investigative documents for similar cases is a service where AI learns data such as reports, decisions, and rulings prepared by the prosecution and then recommends them to assist investigators in document preparation. The speech recognition support for drafting investigation reports converts real-time dialogues between investigators and subjects into text.

However, since the investigation process involves handling sensitive personal information and requires very careful review of crime composition and prosecution requirements, there are clear limitations to relying on AI technology. Director Lee pointed out, "The prosecution basically has to build its own servers and use a closed network due to security issues, which incurs high initial costs," and said, "AI can never replace legal experts, but careful and continuous consideration of AI introduction must proceed in line with the times."