국제 법률문서의 번역전략 ―UN 장애인 권리협약 비준 동의안을 중심으로

This study attempts to examine a plausible translation strategy for legal texts, especially for the “UN Convention on the Rights of Persons with Disabilities.” Although literal translation is the most appropriate translational strategy for legal texts, it does not sufficiently cover legal language which has normative, performative and technical functions. This study has two purposes. First, it attempts to discuss problems in legal translation caused by different legal systems and linguistic and cultural differences. As is often the case, legal translators are liable to face many problems in translating legal documents. Therefore, they should choose some strategies for translating legal texts. Second, this paper examines diverse translation theories in order to find adequate one for legal translation. In the history of translation studies, there have been various theories and researches for adequate translation. Among them, the “Skopos Theory” which argues that the target text is determined by the aim of the document within its culture, would be the most plausible in that it takes into account a legal document’s purpose of carrying the target culture. Applying the rules of the Skopos Theory to the “United Nations Convention on the Rights of Persons with Disabilities,” It is found that legal translators can easily meet the functionality and loyalty requirements of translation and maintain coherence between the source text and the target text with the theory.