In court, the judge asked, "Does the defendant admit the charges of quasi-rape?"
The interpreter conveyed the judge's words in English. "Defendant, do you plead guilty to the charges of quasi-rape?"
The defendant hesitated for a moment, then asked back, "What is 'quasi-rape'? I don't understand. (What is quasi-rape? I don't understand.)"
As the number of foreign nationals residing in Korea has surpassed 2.7 million, cases are emerging in court where legal terms are not accurately conveyed, leaving defendants unable to properly understand the charges. While the number of foreign defendants and victims is increasing, critics say court interpreting is not keeping pace.
◇ "Quasi-rape" doesn't exist in common law… literal translations stall the courtroom
A representative example is "quasi-rape." It refers to a sex crime committed when the victim is in a state of mental or physical incapacity or unable to resist. Common law does not distinguish this separately and treats it as "sexual assault." In contrast, Korea's Criminal Act distinguishes rape from quasi-rape based on how the crime unfolded. Observers say this gap leads to literal renderings like "quasi-rape," which hinder a defendant's understanding.
The same goes for "pseudo-rape." In some interpreting settings, it is rendered as "imitative rape," but in English-speaking jurisdictions it is often recognized not as a separate concept but as part of a single category of sexual violence.
Attorney Lee Bom, a graduate of LSE, said, "If you literally translate quasi-rape or quasi-forcible molestation with 'quasi,' the defendant may not understand the charges," adding, "In English-speaking jurisdictions, most of these fall under the same sexual violence category, yet the differences are often not properly explained during interpreting." Lee noted, "Inaccurate interpreting breeds misunderstandings in trial proceedings and can lead to fairness disputes."
◇ Number of foreign defendants hits record high… wide gap in interpreting quality
The problem is likely to grow as foreign-related cases increase. According to the Supreme Prosecutors' Office prosecution statistics system, 6,316 foreign defendants were sent to trial last year, up 5.4% from the previous year. It is the highest since 2000.
The National Court Administration under the Supreme Court operates a court interpreting and translation system covering 29 languages, including English and Chinese. However, observers continue to point out that quality varies widely depending on the interpreter's ability on the ground.
Attorney Kwak Jun-ho of Law Firm Cheong said, "Depending on the interpreter's skills, key points may not be conveyed accurately." When defending a defendant of Chinese nationality, he sometimes brings along a separate staff member who speaks Chinese.
Although online training is offered once a year, its effectiveness is in doubt. Experts say specialized training tailored to case types—such as economic crimes, drug crimes, and sex crimes—is needed.
Drug crimes are especially hard to interpret because slang and neologisms emerge quickly. "Syeon-sul" is slang referring to philopon (methamphetamine), but it is difficult to render it precisely in English.
As of the end of last year, 1,579 court interpreters were registered at 58 courts nationwide. The top languages were Chinese (418), Vietnamese (312), and English (212), and there were 129 sign language interpreters.
Experts stress that interpreting should be viewed not as a mere convenience but as an issue directly tied to the fairness of trials. A legal-sector source said, "If a defendant goes through trial without understanding the charges, it becomes difficult to exercise a substantive right to defense," adding, "Institutional safeguards are needed to ensure accurate interpreting."