사법통역 관련 입법모델 구축에 관한 연구

Abstract

Under the current laws and regulations, there are no unified or explicit regulations on what judicial interpreting is. However, the narrowest judicial interpretation means an interpretation related to criminal proceedings, the narrowest judicial interpretation means a court interpretation, and the broadest judicial interpretation means a legal interpretation or a judicial interpretation. Among the judicial interpretations in this narrow sense, the judicial interpretation related to criminal proceedings is the judicial interpretation in the narrowest sense. There are specific regulations in the Regulations on Interpretation, Translation, and Handling Foreign Cases (Jail 2004-5) for judicial interpretation in the narrowest sense of the current laws and regulations. Recently, the importance of judicial interpretation has been widely recognized both domestically and internationally. As an important system that allows foreigners to be guaranteed clear understanding and legitimate rights related to courts and laws, it is necessary to establish the direction of establishing a legislative model for judicial interpretation. Regarding the improvement of the law for judicial interpretation, it is necessary to review the judicial interpreter’s ability-securing and remuneration system, the reform of the compensation system, the introduction of the judicial interpreter’s interpretation and translation fee calculation table, and educational plans. In addition, it is necessary to prepare legal grounds for multiple participation of judicial interpreters, obligation to explain judicial interpreters in advance in courts, and interpretation by relay devices such as videos. Regarding the direction of establishing a legislative model related to judicial interpretation, judicial interpretation can devise a plan to enact the Law on the Promotion and Management of Legal Interpretation Technology and the Law on Judicial Interpreters in a narrow sense. However, regarding judicial interpretation in the narrowest sense, it is necessary to maintain the “Executive Rules for Translation, Translation, and Foreign Case Handling” and provide a legal basis for interpretation by relay devices such as videos.