한국 법령 번역에서 ‘shall’의 사용에 대한 고찰: 비교 코퍼스 분석 결과를 중심으로
Issues of Using Shall in the Translation of Korean Statutes: Comparison with Findings from Non-translated UK Statute Corpus
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Jeong Ju Yoo (2015), Issues of Using Shall in the Translation of Korean Statutes: Comparison with Findings from Non-translated UK Statute Corpus. Modal auxiliary ‘shall’ has been one of the most controversial words in legal texts because of ambiguities in its interpretation. Due to the Plain Language Campaign to modernize legal English over the past few decades, ‘shall’ is now used restrictively to imposing obligations, or prohibited altogether in legislation in the U.K. and many other common law countries. However, it is still the most frequent word to express the illocutionary forces of legislative provisions in translation of Korean statutes. In order to find the differences between ‘shall’ used in translated and non-translated statutes, this study compiles translated Korean statute corpus (TKSC) and non-translated British statute corpus (BSC), each consisting of 1 million words. American statute corpus (ASC) of 4 million words is also used for reference corpus. The comparison of the two corpora shows that TKSC uses ‘shall’ more excessively than BSC. Keyword analysis also reveals that the frequency of ‘shall’ in TKSC is much higher than ASC, questioning the current practices of using ‘shall’ in translation of Korean statutes. (Handong University, South Korea)
Abstract
Jeong Ju Yoo (2015), Issues of Using Shall in the Translation of Korean Statutes: Comparison with Findings from Non-translated UK Statute Corpus. Modal auxiliary ‘shall’ has been one of the most controversial words in legal texts because of ambiguities in its interpretation. Due to the Plain Language Campaign to modernize legal English over the past few decades, ‘shall’ is now used restrictively to imposing obligations, or prohibited altogether in legislation in the U.K. and many other common law countries. However, it is still the most frequent word to express the illocutionary forces of legislative provisions in translation of Korean statutes. In order to find the differences between ‘shall’ used in translated and non-translated statutes, this study compiles translated Korean statute corpus (TKSC) and non-translated British statute corpus (BSC), each consisting of 1 million words. American statute corpus (ASC) of 4 million words is also used for reference corpus. The comparison of the two corpora shows that TKSC uses ‘shall’ more excessively than BSC. Keyword analysis also reveals that the frequency of ‘shall’ in TKSC is much higher than ASC, questioning the current practices of using ‘shall’ in translation of Korean statutes. (Handong University, South Korea)
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