법률 문서 번역에 대한 소고
A Study on the Translation of Legal Texts
1
조회
0
다운로드
8
인용
0
참고문헌
키워드
초록
Demand for the translation of legal texts is on the rise, with Korea’s elevated status. Legal translation needs to be more accurate than any other text and plays a special role in regulating the society. Therefore, legal translators should recognize the features of legal texts and employ optimal translation strategies. This study aims to explore the features of legal language/sentences and the functions of legal texts. Based on a clear understanding, the paper deals with the strategies to translate legal texts. Specifically, this study touches on the characteristics and types of legal language and explores the conventional practices in the use of legal sentences of both English and Korean. It presents two major functions of legal texts: descriptive and normative. The functions, however, can be changed by translation purpose, i.e. normative legal documents can become descriptive when they are translated for research, not for legal effect. This paper introduces and compares three researchers’ translation strategies, and claims that transposition; expansion and reduction; and modulation are the most “appropriate” strategies. The author hopes this study will contribute to triggering further discussion on the translation of legal texts and to presenting guidelines for those in the translation profession.
Abstract
Demand for the translation of legal texts is on the rise, with Korea’s elevated status. Legal translation needs to be more accurate than any other text and plays a special role in regulating the society. Therefore, legal translators should recognize the features of legal texts and employ optimal translation strategies. This study aims to explore the features of legal language/sentences and the functions of legal texts. Based on a clear understanding, the paper deals with the strategies to translate legal texts. Specifically, this study touches on the characteristics and types of legal language and explores the conventional practices in the use of legal sentences of both English and Korean. It presents two major functions of legal texts: descriptive and normative. The functions, however, can be changed by translation purpose, i.e. normative legal documents can become descriptive when they are translated for research, not for legal effect. This paper introduces and compares three researchers’ translation strategies, and claims that transposition; expansion and reduction; and modulation are the most “appropriate” strategies. The author hopes this study will contribute to triggering further discussion on the translation of legal texts and to presenting guidelines for those in the translation profession.
참고문헌 (17)
- 국립국어원, "표준국어대사전" (1999), 두산동아
- 장소원, "법률 텍스트 문장의 문법성", 텍스트언어학, 27, pp.1~29 (2009), 한국텍스트언어학회
- Altay, Ayfer, "Difficulties encountered in the translation of legal texts", Translation Journal, 6(4) (2002)
- Cao,Deborah, "Translating law" (2007), Multilingual Matters
- Fawcett,Peter, "Translation and Language: linguistic theories explained" (1997), ST. Jerome
- Harvey,Malcolm, "Whatʼs so special about legal translation?", Meta, 47(2), pp.177~185 (2002)
- Mellinokorr,David, "The language of the law" (1963), Resource
- Nord,Christiane, "Text analysis in translation—theory, methodology, and didactic application of a model for translation-oriented text analysis" (1991), Rodopi
- Sarcevic,Susan, "New approach to legal translation" (1997), Kluwer Law International
- Sofer,Morry, "The translatorʼs handbook" (2004), Shengold Publishing
- Tiersma,Peter, "Legal language" (1999), The University of Chicago Press
- Trosborg,Ann., "Rhetorical strategies in legal language―discourse analysis of statutes and contracts" (1997), Gunter Narr Verlag Tübingen
- Varo, Enrique Alcaraz, "Legal translation explained" (2002), St. Jerome
- "민법 법률 제9650호" (2009), 가법령정보센터[URL]
- "대검찰청 용어사전"[URL]
- "선고 99다64049" (2000)[URL]
- "Merriam-webster 사전"[URL]
