사법통역제도 개선에 관한 소고

In legal procedures involving people of limited Korean proficiency, the provision of adequate interpreting, either in spoken language or signed language, and the quality of interpreting, in terms of accuracy and impartiality, is crucial to due process and fair legal process. A legal framework should be in place to ensure their full participation in legal proceedings, which stipulates not merely the provision of legal interpreting per se but also measures to guarantee the quality of interpreting. When it comes to the status quo of interpreting service in South Korean legal settings, there is ample room for improvement. To be more specific, less than complete interpreting coverage is available to defendants and litigants alike. Interpreting services are not provided to victims of crimes and parents or guardians of juvenile offenders during the proceedings despite their limited linguistic proficiency. Some judges instruct interpreters to provide summary interpreting with respect to the procedural matters, defense arguments, and even witness’testimonies. Furthermore, the lack of interpreters’competence frequently hinders the faithful rendition of legal contents during the proceedings. Accordingly, this paper reviews the relevant Korean laws and regulations on legal interpreting and offers suggestions for improvement drawing on experience in other countries. Above all, it calls for an expanded provision of legal interpreting services, setting out specific procedures for the provision of court interpreting and its modus operandi, and establishing a system of legal interpreter accreditation and training, which is essential for the improvement of the quality of interpreting.