There are many situations in which Japanese and Korean are similar in sentence structure and word sense. Therefore, for daily conversation and general documents, the meaning may be understood even with some degree of natural meaning translation. However, the situation is very different for documents that are connected with legal effects and procedures, such as contracts, statements, powers of attorney, documents related to status of residence, and documents submitted to administrative agencies.
What is important in such a document is not whether the meaning is approximately similar. It is whether the rights, obligations, requirements, and exceptions of the original text are accurately lived. In legal documents, a single word, a single particle, or a single word order can change the direction of interpretation. In particular, because the Japanese and Korean languages look so similar, their proximity can lead to misunderstandings in practice.
At our firm, we place the utmost importance on this very point in our legal communications in Japanese and Korean. We do not simply replace a sentence with another language, but we also check the procedure, how the sentence is read, and what meaning it is perceived to have. The same applies to interpretation. We believe it is important not only to "convey" words in an easy-to-understand manner, but also to carefully check every detail to ensure that the intent of the parties and the meaning of the document are not distorted.
What is the difference between legal translation and general translation?
In general translation, the emphasis is often on readability and naturalness. In legal translation, on the other hand, naturalness alone is not enough. It is necessary to accurately convey the legal framework of the source text. For example, it is not enough to have the approximate meaning of the obligations, exceptions, terms and conditions, expressions regarding damages, grounds for termination, notification obligations, and permission requirements in a contract.
Legal translation is more than just linguistic work. The direction and format of the translation will vary depending on which agency the document is to be submitted to, what kind of review or confirmation it will be used for, and whether it is for explanation or submission. Even if the text is the same, the accuracy required will differ between a reference translation for the purpose of understanding the contents of the contract and a translation for formal submission.
| classification | General translation | Legal Translation |
|---|---|---|
| Objective. | Natural Meaning Transfer | Accurate communication of rights, obligations, procedures, and requirements |
| important point | Readability, naturalness of expression | Accuracy of wording, consistency of terminology, legal effect |
| tolerance level | Meaningful translation is possible depending on the situation. | Arbitrary meanings are dangerous. |
| Check Point | Whether it is natural as a sentence | Is the meaning of the original text accurately maintained? |
| Major Risks | Unnatural writing, poor communication | Misunderstandings, disputes, delays in review, procedural disadvantages |
Why Legal Interpreters Need to Be More Discreet
There are situations in which interpreting is more difficult than translating. This is because there is no time to carefully review the text and immediate decisions must be made on the spot. In particular, in situations that involve legal or administrative procedures, such as consultations, interviews, confirmation procedures, explanation of contractual content, and confirmation of statements, the slightest lapse in interpretation can lead directly to a difference in understanding.
For example, what the person understands as "possible" may actually mean only "open to consideration if certain conditions are met. Conversely, if the other party takes the statement "difficult in principle" to mean "absolutely impossible," the subsequent course of action itself will change. In this way, legal interpretation is not merely the art of conveying information in an easy-to-understand and soft manner; it is a process of conveying meaning accurately and without excesses or deficiencies.
| classification | General Interpretation | Legal Interpreter |
|---|---|---|
| Objective. | Smooth conversation and communication | Communicate with accuracy, integrity, and neutrality |
| Interpretation | Summaries and organization may be included. | It is important to avoid omissions, additions, and transformations |
| Required Strengths | Language skills, instantaneous | Understanding of legal and administrative terminology, contextual judgment, control of expression |
| risk | Misalignment of nuance | Distortion of statements, lack of explanation, procedural misunderstandings |
Points that can cause particular problems between Japanese and Korean
1. omission of the subject obscures the responsible subject
Both Japanese and Korean are languages in which the subject is often omitted. In legal documents, however, it is very important to know who must do what. Expressions such as "must be submitted," "must be confirmed," and "notification is required" can quickly cause confusion in practice if the subject is not clear.
2. similar expressions have different legal strengths
Expressions such as "can," "shall," "should," "desirable," "in principle," "appropriate," and "necessary" may give a close impression in everyday life. In practice, however, the meaning differs greatly depending on whether they are discretionary or obligatory, mere recommendations or include exceptions.
3. it is dangerous to translate administrative terms as if they were everyday words
The words permit, certified, filed, accepted, delivered, filed, amended, and returned may sound similar, but they have different procedural meanings. For example, "accepted" and "authorized" are two completely different steps. If these words are treated in the sense of everyday expressions, there is a risk that the client may misunderstand the current situation.
4. the contract must follow conditions and exceptions to the end
In contracts, basic rules are often followed by provisos or exceptions. Even though the first half of the clause may seem simple at first glance, in reality, the proviso in the latter half of the clause often has an important meaning. Therefore, if a sentence is divided in the middle to make it easier to read, and as a result, the conditional and exceptional relationships are obscured, this can lead to great danger in practice.
5. the factual structure of the statement is more important than the emotional expression
It is not enough for a letter of reflection, history, confirmation, or statement to be natural in its emotional expression. It is important that the flow of what happened, when, where, with whom, and with what circumstances, how it was handled, and what measures will be taken to prevent recurrence in the future be organized in a logical manner. Therefore, in translating legal statements, it is far more important to keep the factual structure correct than to be soft in phrasing.
Good legal translation and interpretation combines "accuracy" and "understandability".
In practice, there is another important point. No matter how accurate the translation is, if the client does not understand the content himself, it will be difficult for him to respond to the actual situation. Therefore, good legal translation and interpretation is not just about accuracy. It is also important to be able to explain the technical terms in a way that the client can actually understand them and make a decision on what to do next, without losing the meaning of the terminology.
Especially when involved in administrative procedures and legal consultations in Japan, it is important to organize and communicate "what this expression means in practice," apart from transposing the original expression as it is. At our firm, we place great importance on this point. We will carefully arrange the document for submission as for submission, and the part that needs explanation as for the part that needs explanation, according to the purpose.
Criteria that the firm focuses on
When we provide legal translation and interpretation services in Japanese and Korean, we do not simply provide you with a translation. First, we confirm the purpose for which the document is to be used. This is because the way we handle the document will depend on where it is to be submitted, who will read it, and whether it is to be used for explanation or formal submission.
Second, we emphasize consistency of terminology. If the same concept is translated in different words in different documents, confusion can increase. Consistency of terminology is especially important for contract-related documents, immigration submissions, statements, and various certifications.
In addition, even when we translate a single sentence, we will even check to see how the expression is actually connected to the procedure. This means that we do not just replace words, but we also look at what the sentence should be understood to mean in practice. We believe that this difference in attitude ultimately leads to not overlooking the smallest details.
| checklist | Important Reasons |
|---|---|
| Confirmation of the intended use of the document | Because the translation standards are different for submission, confirmation, and explanation |
| Unification of terminology | Because translating the same concept in different words creates confusion in interpretation |
| Maintaining the original structure | To ensure that the relationship between conditions, exceptions, and obligations is not broken |
| Understanding the Practical Context | Because it is not a mere translation, but requires an understanding that is tied to the actual procedures |
| accountability | Because it is important that the client understands and can actually handle |
In these situations, the differences in legal translation and interpretation are particularly apparent
- If you need to accurately understand a Japanese contract in Korean
- If you need to prepare a statement or prima facie evidence in Korean as a Japanese document
- When preparing documents related to status of residence, company incorporation, and various permits and approvals
- Interviews, consultations, and confirmation procedures where nuances of language and responsible entities are important
- If you need to explain even "what this sentence actually means" rather than just a translation
summary
Legal translation and interpretation is more than just a language service. It is not a task of neatly rephrasing a document, nor is it merely conveying what the other party says in an easy-to-understand manner. What is important is to keep the meaning of the original text accurate and to organize it so that its meaning is not blurred in actual procedures and practical situations.
Especially because Japanese and Korean are languages that seem close to each other, more careful confirmation is necessary. This is because sometimes the cause of misunderstandings can be hidden in expressions that appear similar. At our firm, we place great importance on not overlooking such small differences and details in Japanese-Korean legal communication.
If you need to translate or interpret contracts, statements, powers of attorney, documents related to status of residence, or various administrative documents, we recommend that you consider not simply whether we can translate them, but whether we can also see the exact meaning and procedures involved. The difference in actual results often comes from such details.
Inquiry / Access
Horiuchi Gyoseishoshi Lawyer Office (Shinjuku, Tokyo)
Attn: Gyoseishoshi Scrivener Yukiko Horiuchi
Affiliation: Tokyo Gyoseishoshi Lawyers Association, Shinjuku Branch
Tokyo Immigration and Residency Management Bureau, Application Agency Gyoseishoshi Scrivener
Member of Foreign Employment Support Organization (FESO)
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Access:
1 minute walk from Higashi-Shinjuku Station on the Tokyo Metro Fukutoshin Line
1 minute walk from Higashi-Shinjuku Station on the Toei Oedo Line
12-minute walk from Seibu Shinjuku Station on the Seibu Shinjuku Line
8-minute walk from Shin-Okubo Station on the JR Yamanote Line
15-minute walk from Shinjuku Station on the JR Yamanote Line
12-minute walk from Okubo Station on the JR Chuo and Sobu Lines
