Interpreters work at the fault lines of language and law, ensuring clarity while seeking to preserve strict neutrality
Court interpreter Han Woo-suk still remembers walking into a courtroom in 2025 to interpret for a Thai woman accused of smuggling drugs into South Korea.
“I have interpreted in many drug cases involving Thai nationals, and most of the defendants were undocumented immigrants,” Han said. “But this woman was married to a Korean citizen and had a child diagnosed with developmental disabilities.”
According to Han, the woman insisted she had no intention of breaking the law. She had imported and sold a coffee product from her home country that happened to contain an ingredient classified as a narcotic under Korean law. “It was emotionally difficult,” he said.
Cases like this highlight the role interpreters play in ensuring that foreign nationals —many of whom have limited Korean proficiency — can meaningfully participate in their own trials.
As South Korea’s immigrant population surpassed 2.7 million in 2024, demand for judicial interpretation has risen sharply.
Criminal court cases involving foreign defendants grew from 3,751 in 2014 to 6,382 in 2024, an increase of roughly 70 percent over a decade.
To cope with rising caseloads, the Court Interpretation Center opened in July 2024.
Five court-licensed interpreters are based at the Seoul Eastern District Court in Songpa-gu, offering nationwide services in Mandarin, Thai, Russian, Bengali, Uzbek, Urdu, Arabic and Korean Sign Language. Individual courts also maintain their own rosters, turning to the center when no suitable interpreter is locally available.
Upon request, interpreters travel to courts across the country or interpret remotely from a soundproof booth.
Han, who interprets Thai, and Mandarin interpreter Lee Yeon-kyung spoke with The Korea Herald about the linguistic and cultural challenges foreign defendants face — and the burden that falls on those who interpret for them.
Interpreting cultures, not just words
Lee said that effective interpretation requires understanding legal culture as much as language.
If interpreters translate literally, she noted, defendants may process the message through the legal assumptions of their home country, creating confusion or distorting the court’s intent.
One case illustrated the point. Lee recalled an acquitted defendant who was asked by the judge whether he wished his not-guilty verdict to be publicly disclosed online.
The question left him bewildered — the procedure does not exist in China. With the judge’s permission, Lee clarified that the two countries’ systems differed before relaying the judge’s question in a way the defendant could understand.
Regardless of background, foreign defendants are ultimately tried under Korean law, Han said.
“When legal expressions differ between the two countries, I interpret in a way that aligns as closely as possible with Korean law,” he said. “They may be foreign citizens, but the legal standard applied is that of Korea.”
Barriers facing foreign defendants
Working closely with foreign defendants has given both interpreters a front-row view of the structural difficulties they encounter.
Han said the challenges begin even before trial.
“Many court documents, including arraignment notices, are not translated,” he noted. “Defendants may receive mail from the court, but because they cannot understand the contents, that itself becomes a barrier.”
Lee said that the interpreter pool must expand to match the country’s changing demographics.
“Legal interpreters occupy a critically important position,” she said. “We carry great responsibility in ensuring fairness and objectivity. Conditions must improve so that more qualified people are willing to take on this role.”
Despite the strain, both interpreters said the work is deeply meaningful. They help uphold the neutrality of judicial proceedings — but also act as the only bridge for vulnerable defendants struggling to navigate an unfamiliar legal landscape.
“When a defendant tells me, ‘If it weren’t for you, I would have been wronged,’ and thanks me in tears, that is when I feel the greatest sense of reward,” Lee said. “Those moments are incredibly meaningful.”
Certification and professional roles
Hankuk University of Foreign Studies and the Ministry of Government Legislation have jointly developed a certification exam for court interpreters, though it is not mandatory. Korea broadly divides legal interpreters into two categories — judicial interpreters and court interpreters.
Judicial interpreters typically hold private certificates and may assist across both investigative and judicial stages, from police and prosecution inquiries to immigration reviews and trials.
Court interpreters, by contrast, are registered and managed directly by the judiciary and focus specifically on courtroom proceedings.
Han and Lee fall into the latter category. Their work revolves around attending hearings and preparing for them.
Lee usually interprets at one to two hearings per day. Chinese nationals make up the largest share of foreign defendants. Han attends about one hearing per week on average.
Outside the courtroom, both spend time translating documents, reviewing statutes, building glossaries and compiling standardized references.
“The most important thing is attending trials,” Lee said. “The more exposure we have, the better prepared we are for unexpected situations that may arise in court.”
seungku99@heraldcorp.com
