South Korea Mandates AI Arbitrators in Contested Divorce Asset Splitting

Seoul, South Korea — In a policy move that has divided legal scholars and delighted efficiency advocates, South Korea's Ministry of Justice enacted a regulation on Monday requiring couples with contested marital assets exceeding 500 million Korean won (approximately $375,000 USD) to undergo mandatory AI-mediated arbitration before filing for court proceedings.

The regulation applies to the approximately 23,000 divorce cases filed annually in South Korea that involve asset disputes above the threshold. Couples will use a government-certified AI arbitration platform called DivArc, developed by Seoul National University's legal informatics lab and audited by the Ministry of Justice. DivArc ingests both parties' financial disclosures, property valuations, and written arguments, then proposes a binding or non-binding settlement recommendation depending on the couple's preference — though if both parties select binding mode, the award is directly enforceable in family court without a judge.

Proponents argue the mandate will slash the average contested divorce timeline from 14 months to an estimated 23 days. Critics, including the Korean Bar Association, contend the rule effectively delegates judicial discretion to a black-box algorithm and violates constitutional due process rights. The Bar Association has filed an administrative lawsuit challenging the regulation, which is expected to take 18–24 months to resolve.

Under the law, either party can still escalate to a human family court judge after receiving the DivArc recommendation. The Ministry projects that approximately 80% of couples will accept the AI's binding recommendation without further litigation.

Key Numbers:

• Threshold for mandatory AI arbitration: 500 million KRW (~$375,000)
• Estimated time savings: From 14 months to 23 days
• Platform: DivArc (government-certified)
• Annual cases affected: ~23,000