Regulation on Interpretation, Translation, and Handling of Foreign National Cases in South Korea (Jaeil 2024-1)
Chapter 1. General Provisions
Article 1 (Purpose) This regulation aims to protect the procedural rights of foreign national parties, witnesses, and others who cannot use the Korean language (hereinafter “foreign national parties, etc.”) in civil, criminal, family, administrative, insolvency, and other cases, by prescribing methods for providing accurate and neutral interpretation.
Article 2 (Case Receipt) The receiving court official, etc., who receives a case involving a foreign national party, etc., shall enter that person’s nationality.
Article 3 (Consideration for Foreign National Parties, etc., in Trial Proceedings) The presiding judge and litigation participants shall use concise sentences and translatable expressions to ensure accurate interpretation.
Article 4 (Advance Delivery of Closing Argument Briefs, etc.) Where case-related documents such as closing argument briefs, matters for examination of a party (defendant), or matters for examination of witnesses are submitted by litigation participants prior to the hearing date, the court clerk, etc., shall send copies to the interpreter so that the interpreter may prepare the interpretation in advance.
Article 5 (Recording of Trial Proceedings, etc.)
① The court clerk, etc., shall record, using a recording device, all or part of the process in which interpretation takes place during the hearing of a case involving a foreign national party, etc., in order to ensure the accuracy of interpretation.
② Where a recording is made under paragraph 1, the recording shall be kept until the judgment at that instance becomes final. However, where the recording is cited as part of the record, it shall be kept for the retention period of the litigation record.
③ With respect to stenographic recording, audio recording, and video recording of an interpreter’s interpretation, the “Operating Guidelines on Stenographic Recording and Audio Recording of Oral Arguments (Jaeil 2004-3)” and the “Regulation on Stenographic Recording, Audio Recording, and Video Recording in Courtrooms (Jaehyeong 2007-5)” shall apply mutatis mutandis, except as otherwise provided in the preceding two paragraphs.
④ Where an interpreter provides interpretation for a video trial, the “Operating Guidelines on the Implementation of Video Trials (Jaeil 2021-2)” shall apply mutatis mutandis.
Article 6 (Objection to Interpretation)
① Where a foreign national party, etc., raises an objection regarding the accuracy of interpretation, if the person being interpreted for is present in court, the same examination, argument, or other statement and interpretation shall be conducted again; if that person is not present, the recording shall be sent to the interpreter to have the relevant portion re-interpreted, and it shall be verified whether it matches the content recorded in the record, etc.
② Where the accuracy of the interpretation remains difficult to confirm even after the procedure under paragraph 1, a separate interpreter shall be designated and an expert appraisal shall be requested.
Article 7 (Explanation of Grounds for Judgment, etc.)
① Immediately before pronouncing judgment, the presiding judge may deliver to the interpreter present a written summary of the judgment to allow the interpreter to prepare.
② Where it is anticipated that the content of the judgment, particularly the holding, will be difficult to understand, an explanation shall be given so that the foreign national party can easily understand it.
Chapter 2. Court Interpretation Center
Article 8 (Establishment and Purpose of the Court Interpretation Center) In order to eliminate disparities in judicial interpretation services between courts and regions and to improve the quality of court interpretation, a Court Interpretation Center may be established as an organization of the National Court Administration pursuant to Article 2 of the “Rules on Court Administrative Organizations.”
Article 9 (Scope of Duties of the Court Interpretation Center) The Court Interpretation Center shall be responsible for the following:
1. Video interpretation, on-site interpretation, and translation for civil, criminal, family, administrative, insolvency, and other cases in courts nationwide;
2. Interpretation and translation necessary for a public defender’s visits with a defendant;
3. Expert appraisal of court interpretation recordings;
4. Translation of foreign legislative examples, precedents, and related materials to support trial affairs, judicial policy, and institutional improvement by the National Court Administration and courts at each level;
5. Other support for judicial interpretation and translation affairs.
Article 10 (Organization of the Court Interpretation Center)
① The Court Interpretation Center shall have a Director of the Court Interpretation Center (hereinafter “Director”) and interpreters/translators, including candidate sign-language interpreters and interpreters for the deaf (hereinafter “Court Interpretation Center interpreters”).
② The Director shall oversee the management and administrative operation of the Court Interpretation Center.
③ The Court Interpretation Center may have administrative staff and IT staff to manage interpreter schedules and sharing, the video interpretation room, video trial equipment, and other matters necessary to carry out the Center’s duties.
④ The Director, administrative staff, and IT staff shall be court officials.
Article 11 (Facilities of the Court Interpretation Center) The Court Interpretation Center shall be equipped with the following facilities:
1. An independent office identifiable as the Court Interpretation Center;
2. Workspace where interpreters can work;
3. A video interpretation room equipped with relay facilities such as video and internet video devices for video trials;
4. Workspace for administrative and IT staff.
Article 12 (Management of the Court Interpretation Center) Management of the Court Interpretation Center shall be handled, in accordance with the “Court Building Management Regulations,” by the manager responsible for the building where the Center is located; the building manager may, where deemed necessary, delegate management of the Center to a subordinate staff member, who shall then manage the Center in accordance with the Court Building Management Regulations.
Article 13 (Recruitment, etc., of Court Interpretation Center Interpreters)
① The Minister of the National Court Administration may recruit full-time Court Interpretation Center interpreters as fixed-term professional civil servants, or may convert recruitment and management functions to an external service contract (hereinafter “outsourcing service contract”).
② The Minister of the National Court Administration may appoint, as non-full-time Court Interpretation Center interpreters, persons who possess language ability, legal knowledge, experience, and relevant qualifications sufficient to perform court interpretation.
③ In the case of the latter part of paragraph 1, the Minister of the National Court Administration shall, in consultation with the selected outsourcing company, give priority in hiring to persons who hold certified or quasi-certified status in the interpreter/translator certification evaluation administered by the National Court Administration; provided, where a certified or quasi-certified person cannot be hired, a person proficient in the relevant language with legal knowledge may be hired.
④ Notwithstanding Articles 24, 25, and 29, for interpretation/translation provided by a Court Interpretation Center interpreter as a fixed-term professional civil servant or under an outsourcing service contract, the court shall not separately pay a daily allowance, interpretation fee, or translation fee, and such daily allowance, interpretation fee, and translation fee shall not be included in litigation costs regardless of the type of procedure.
Article 14 (Handling of Video Interpretation Work at the Court Interpretation Center) Where a Court Interpretation Center interpreter performs video interpretation, administrative and IT staff shall, prior to the trial date, check the video relay facilities and equipment in the video interpretation room and otherwise prepare for video interpretation, and on the trial date shall confirm smooth operation and be prepared to take immediate action if a malfunction occurs.
Article 15 (Duty of Confidentiality, etc.)
① The Director, Court Interpretation Center interpreters, and all persons working at the Court Interpretation Center shall not disclose or leak matters learned in the course of their duties.
② A Court Interpretation Center interpreter shall not accept an interpretation assignment where there are circumstances making it difficult to expect impartial performance of duties, and shall in such case notify the Director of such circumstances.
Chapter 3. Designation of Interpreters/Translators, etc.
Article 16 (Preparation of the List of Interpreter/Translator Candidates)
① By the end of January each year, each court shall, considering circumstances in its jurisdiction, case types, case volume, etc., preselect two or more interpreter/translator candidates for one or several foreign languages and for sign language for persons with hearing or speech impairments likely to require frequent designation of interpreters/translators, prepare a list of interpreter/translator candidates, receive career cards [Form B2610] from the candidates, and report the list and career cards to the Minister of the National Court Administration (Attn: Director of the Judicial Support Bureau).
② The Director of the Court Interpretation Center shall receive career cards [Form B2610-1] from Court Interpretation Center interpreters and report the list and career cards to the Minister of the National Court Administration (Attn: Director of the Judicial Support Bureau).
③ The Minister of the National Court Administration shall enter information contained in the interpreter/translator candidate career cards into the trial affairs system and make it available as data for designating interpreters/translators.
Article 17 (Selection and Management of Interpreter/Translator Candidates)
① When selecting interpreter/translator candidates, each court shall go through the following procedures and select candidates considering interpretation experience, integrity, etc.:
1. Seek persons to be registered on the list of interpreter/translator candidates by requesting recommendations from public institutions, educational institutions, research institutions, or other appropriate bodies, or by posting a notice on the court’s website;
2. Investigate, by appropriate methods such as document review of resumes, certifications, and employment (or enrollment/graduation) certificates and interviews, whether a recommended or applicant person has the foreign language ability, legal knowledge, and experience warranting designation as an interpreter/translator;
3. Conduct a criminal record check, etc., with relevant institutions upon obtaining the consent of the recommended person or applicant;
4. Where special circumstances exist, all or part of the procedures under items 1 through 3 may be omitted.
② Each court and the Court Interpretation Center shall periodically provide selected interpreter/translator candidates with education on litigation procedures in general and on interpretation/translation of specialized legal terminology.
③ The National Court Administration may provide necessary support for the recruitment, investigation, and training of interpreter/translator candidates by each court and the Court Interpretation Center, and may conduct training to improve the consistency and expertise of interpretation/translation by such candidates.
Article 18 (Grounds for Disqualification)
① A person falling under any of the following shall not be registered on the “List of Interpreter/Translator Candidates”:
1. A person under adult guardianship or limited guardianship;
2. A person who has been declared bankrupt and has not been reinstated;
3. A person for whom five years have not elapsed since completion of, or exemption from, execution of a sentence of imprisonment or greater;
4. A person for whom two years have not elapsed since completion of a suspended sentence of imprisonment or greater;
5. A person currently within the suspension period of a suspended pronouncement of a sentence of imprisonment or greater;
6. A person whose qualifications have been forfeited or suspended by a court judgment or other statute;
7. A person for whom five years have not elapsed since being dismissed (removal) from public service as a disciplinary measure;
8. A person for whom three years have not elapsed since being dismissed (discharge) from public service as a disciplinary measure;
9. A person with a prior record of criminal punishment or disciplinary action related to interpretation/translation work;
10. A person for whom two years have not elapsed since removal from the “List of Interpreter/Translator Candidates.”
② A person registered on the “List of Interpreter/Translator Candidates” who falls under any subparagraph of paragraph 1 shall be removed from the List.
③ A person registered on the “List of Interpreter/Translator Candidates” may be removed from the List where the person falls under any of the following:
1. Where it is determined that the person is unable to perform the duties of an interpreter/translator due to mental or physical impairment;
2. Where it is determined that there has been a breach of official duty or other conduct unsuitable for performing interpretation/translation work.
Article 19 (Conducting Certification Evaluations)
① The Minister of the National Court Administration may conduct a certification evaluation of interpreters/translators where necessary to support the selection and list preparation of interpreter/translator candidates by each court and the Court Interpretation Center.
② The Minister of the National Court Administration may designate, for a set period, persons who meet the passing criteria in the certification evaluation as certified interpreters/translators.
③ Each court and the Court Interpretation Center may prepare the “List of Interpreter/Translator Candidates” taking into account certified interpreter/translator status under paragraph 2.
Article 20 (Designation, etc., of Interpreters/Translators)
① The court clerk, etc., shall select from the “List of Interpreter/Translator Candidates” a candidate suitable for the relevant case and report to the presiding judge.
② The form for the decision designating an interpreter/translator shall be [Form B2600], and the form for the interpreter/translator examination record shall be [Form B1263].
③ Summons of an interpreter/translator may be made by service of a summons, telephone, email, fax, mobile text message, or other appropriate means.
Article 21 (Revocation of Designation of Interpreter/Translator)
① The court may revoke the designation of an interpreter/translator where any of the following applies:
1. Where the interpretation/translation is likely to prejudice the propriety or fairness of the trial;
2. Where the interpreter/translator fails to faithfully perform their duties;
3. Where a ground for disqualification under Article 18, paragraph 1 is discovered with respect to the interpreter/translator;
4. Where there is other substantial reason to revoke the designation.
② Where the designation of an interpreter/translator is revoked, the court clerk, etc., shall without delay notify the interpreter/translator of the revocation by service of a certified copy of the decision, telephone, email, fax, mobile text message, or other appropriate means.
Article 22 (Designation and Revocation of Court Interpretation Center Interpreters)
① Where, upon instruction of the presiding judge, a Court Interpretation Center interpreter is to be designated as the interpreter, the court clerk, etc., shall follow the procedure below:
1. The court clerk, etc., shall check the schedule of the Court Interpretation Center interpreter through the trial affairs system, and then request confirmation of availability for designation from the Court Interpretation Center staff by telephone, email, fax, mobile text message, or other appropriate means;
2. Upon receiving the request under item 1, if the Court Interpretation Center interpreter is available, the Center staff shall confirm and enter the interpretation schedule in the trial affairs system and notify the court clerk, etc., of the interpreter’s availability by telephone, email, fax, mobile text message, or other appropriate means;
3. The court clerk, etc., shall, after deciding to designate the Court Interpretation Center interpreter as the interpreter for the relevant date, send the notice of hearing date and examination matters to the Center staff by email;
4. The court clerk, etc., may arrange a schedule with the Center staff by telephone, email, fax, mobile text message, or other means to conduct a rehearsal prior to the trial date.
② Articles 20 and 21 shall apply mutatis mutandis to the designation of a Court Interpretation Center interpreter as an interpreter/translator and to revocation thereof.
Article 23 (Handling Cases Where No Suitable Interpreter/Translator Candidate Can Be Found)
① Where a case involving a foreign national party, etc., is received that cannot be handled by an interpreter/translator candidate registered in the trial affairs system, or where no suitable interpreter/translator candidate can be found for such a case, each court shall notify the Minister of the National Court Administration (Attn: Director of the Judicial Support Bureau) of that fact.
② The Minister of the National Court Administration (Director of the Judicial Support Bureau) shall locate an interpreter using the foreign language noted in paragraph 1, or an interpreter/translator suitable for the relevant case, and notify the court referred to in paragraph 1.
Article 24 (Payment of Interpretation/Translation Fees, etc.)
① The following amounts shall be paid to an interpreter:
1. Where the interpreter attends but interpretation does not take place through no fault of the interpreter:
a. Travel and lodging expenses;
b. Daily allowance.
2. Where the interpreter attends and interpretation takes place:
a. Travel and lodging expenses;
b. Daily allowance;
c. Interpretation fee.
② A translator shall be paid a translation fee upon completion of the translation.
Article 25 (Standards for Calculating Interpretation/Translation Fees)Interpretation/translation fees payable to interpreters/translators shall be calculated according to the following standards:
1. The interpretation fee shall be calculated based on the actual time spent interpreting, in units of 30 minutes (any remainder shall be counted as a full 30 minutes); KRW 70,000 shall be paid for the first 30 minutes and KRW 50,000 for each additional 30 minutes; where the interpreter attends solely for the pronouncement of judgment, KRW 50,000 shall be paid if the time is less than 30 minutes, and the above standard shall apply if 30 minutes or more; where the interpreter must wait in court due to proceedings running later than scheduled, the interpretation fee may be increased taking the waiting time into account.
2. The translation fee shall be calculated per A4 page (based on the translated text, not the original); KRW 30,000 per page shall be paid for translation from Korean into a foreign language, and KRW 20,000 per page for translation from a foreign language into Korean.
3. The presiding judge may appropriately increase or decrease the interpretation/translation fee taking into account the difficulty of the interpretation/translation, the level of expertise of the interpreter/translator, the quality of the interpretation/translation, and certification status under Article 19.
4. The presiding judge may set a fixed lump-sum amount covering travel expenses, daily allowance, interpretation fee, and translation fee, taking into account the standards in items 1 and 2.
Chapter 4. Consideration for Suspects/Defendants in the Hearing of Criminal Cases
Article 26 (Delivery of Information Sheet on Procedures at Substantive Review for Arrest Warrants) Where a substantive review of an arrest warrant is to be conducted for a foreign suspect, an information sheet on the substantive warrant review procedure [Form B1512], translated into a language the suspect can understand, shall be given to the foreign suspect while awaiting examination.
Article 27 (Translation of Indictments, etc.)
① Where the remarks section of an indictment states that the defendant does not understand Korean, the court clerk, etc., shall, if a foreign-language translation of the indictment is attached, send the translation together with the Korean-language indictment; if no translation is attached, the clerk shall have the presiding judge decide whether the indictment should be translated.
② In the case of paragraph 1, the presiding judge shall designate a translator to translate the indictment.
③ Where an interpreter has been designated, the court clerk, etc., shall send a copy of the indictment to the interpreter in advance of the first trial date.
Article 28 (Sending of Guidance Documents on Trial Proceedings, etc.) In cases involving a foreign defendant, the court clerk, etc., at the court of first instance shall send, together with the indictment, a guidance document on trial proceedings [Forms B2102-1 through B2102-20] translated into a language the foreign national can understand, and a notice of appointment of public defender [Form B2103]; the court clerk, etc., at the appellate court shall send a notice of receipt of the litigation record [Form B2104] translated into a language the foreign national can understand.
Article 29 (Public Defender’s Visits with the Defendant and Interpretation/Translation)
① Where a public defender has been appointed for a foreign defendant, and in the course of visiting the defendant the public defender requests interpretation or translation from an interpreter or translator designated by the court, and such interpretation or translation is provided, a daily allowance and interpretation/translation fee, etc., shall be paid according to the standards under Articles 24 and 25, based on the interpretation time or translated document confirmed by the public defender.
② In the case of paragraph 1, where the public defender demonstrates that they separately paid an interpretation/translation fee to the interpreter/translator, the presiding judge shall, when determining the public defender’s compensation, increase it to take the interpretation/translation fee into account.
Addenda
Article 1 (Effective Date) This regulation shall take effect on January 1, 2005.
Article 2 (Repealed Regulation) The “Regulation on the Designation of Interpreters and Calculation of Interpretation Fees (Jaeil 85-2)” is repealed.
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