Experts call for qualified courtroom interpreters as foreign population grows

Dignitaries including National Assembly Speaker Kim Jin-pyo, front row center, pose during a seminar on ways to better guarantee foreigners access to public interpretation services in legal proceedings. The event, co-hosted by the National Assembly Library and the Korea Legislation Research Institute, took place at the National Assembly, July 14. Courtesy of National Assembly Library

Inaccurate courtroom translations prejudice non-Korean speaking foreign nationals

By Lee Hyo-jin

"All are equal before the law and are entitled without any discrimination to equal protection of the law." This is a generally accepted belief as well as the Universal Declaration of Human Rights, as drafted by the United Nations.

And yet, in Korea there is still debate over whether foreign nationals are subjects of fundamental rights under the nation's Constitution.

One area where Korea's legal system lacks compared to more developed nations is in the area of public interpretation services for foreigners with limited Korean language proficiency who, as a result, are often left powerless in police investigations or legal proceedings.

With the number of foreign residents expected to rapidly increase after surpassing 2.5 million in 2020, calls are rising to better guarantee non-Korean nationals with court interpretation services to ensure that they do not face disadvantages due to language barriers.

In Korea, currently, certification exams recruiting interpreters are run separately by judicial or government bodies such as the court, prosecutors' office and the National Police Agency. Due to an absence of a state-run accreditation system, there is a notable gap in the capabilities of these interpreters.

Although many marriage migrants and foreign students who are fluent in both Korean and their native languages offer interpretation services, some point out that they lack competency in professional skills compared to those who have obtained an interpreter's license, as well as knowledge of administrative or legal procedures.

At a recent seminar titled "Protection of the human rights of foreigners in the judicial process and interpretation services," experts, government officials and lawmakers gathered to share ideas and seek efficient ways to train and recruit interpreters in the public sector.

The event, jointly organized by the National Assembly Library and the Korea Legislation Research Institute, was held at the National Assembly, July 14.

Experts from the U.S., New Zealand and Sweden joined via Zoom to introduce the education and certification process for legal interpreters in their countries. They said that Korea may learn from achievements and mistakes in their decades-long process of establishing related laws and systems.

Elisabet Tiselius, a professor at Stockholm University speaks via Zoom about the court interpretation system in Sweden. Screen captured from YouTube

Sweden, which currently has approximately 1,055 certified interpreters covering 37 languages, has an independent state agency overseeing the certification or state authorization of public service interpreters.

"It is an organization independent from courts or the university system. Applicants must pass a written test in both languages and an oral exam where the person has to interpret different types of scenarios," said Elisabet Tiselius, a professor at Stockholm University.

She also stressed that interpreters in her country are strongly urged to maintain neutrality and confidentiality.

"According to government guidelines, interpreters shall only accept assignments for which they consider themselves qualified. And they must act professionally. The interpreters should vow to destroy notes at the end of each encounter and should take an oath in court to fulfill the assignment to the best of his or her assignment," she explained.

Jo Anna Burn, a senior lecturer at Auckland University of Technology in New Zealand, speaks via Zoom during the seminar. Screen captured from YouTube

Jo Anna Burn, a senior lecturer at Auckland University of Technology in New Zealand, described her country as "a nation built on immigration" and thus one of the most diverse countries in the world where 160 languages are spoken.

"Although English is the de facto language of law, our Bill of Rights Act specifies very clearly that anybody who is charged with an offense shall have the right to the free assistance of an interpreter if the person cannot understand or speak the language used in court," she said. "And judges are very willing to set aside any evidence that has been gathered without an interpreter if the complainant was unable to understand their rights."

Holly Mikkelson, an Emerita Professor at Middlebury Institute of International Studies at Monterey, said the U.S. system can be a good model for Korea, with lessons for mistakes to be avoided.

"The initial certification exams in our country were developed by attorneys and language professors with little knowledge of interpreting," she said. "This should not be repeated in Korea."

She also advised that while Korea should develop its own certification program to meet its unique needs, it is important that all stakeholders ― the interpreters' association, bar associations, court officials, universities and immigrant groups ― are included in the process.