“Things should be carried out perfectly” appearing in the last line of the document issued by an economic ministry was the sentence that basically determined the outcome of a dispute between Korea and another country about seven years ago. This wording was the translation of the Korean original (reading “Man-jeon-eul-gi-ha-da”). The translation was prepared by the other side and Korea challenged its accuracy. Was the translation correct? Yes and no. Yes, because it is arguably a literal translation of the Korean original, and no, because the actual meaning of the original sentence is not exactly what the English translation is supposed to deliver. As opposed to “direction” or “order,” this is a typical ending phrase of an ordinary Korean official document without any specific meaning attached. Translation is that difficult. More so, if the subjects are government documents, laws and regulations people with different ideas and intentions dissect and analyze.
Because of my professional requirements, I regularly visit websites of government agencies to get information or retrieve documents. I usually start with a Korean website and then move on to the English website. First of all, what is remarkable is that almost all agencies now have English websites available. What is frustrating, however, is that quite often the amount of information provided in the English website is much smaller than its Korean counterpart. It is only tantalizing at best. Worse yet, some information seems as out of touch with the real concern and interest of foreign entities as explanatory materials 2-3 years old with no signs of updates.
The problem is, almost all foreigners and foreign governments go to these English (not Korean) websites for basic information. Sometimes, an English website is a labyrinth, while the Korean sister pages provide a floor plan. Efforts should be made to have the same amount of information as appearing in the Korean websites available in English within a reasonable amount of time. What is uploaded should be updated regularly. Isn’t Korea known for its IT technology and speed?
In addition to the amount of information, guaranteeing accuracy is also critical. These English websites also post key laws and regulations in English. The problem again is, the terms used are not consistent and uniform and sometimes leave more questions than answers. The same Korean words are translated differently from statute to statute. Maybe those who speak both languages could figure out what they actually mean by comparing both versions, but for those who do not, the English translations could be all confusing. Wrong wordings can fill the foreign corporations and investors with misinformation.
The unusually strong disclaimer appearing on the first page of the English laws and regulations is telling. It states that these documents are only for reference purposes and no responsibility is taken by anyone ― just a “readers beware” sign. Of course, only the laws in the Korean original are binding and enforceable. There is no question about it. But that dogmatic principle does not lessen the practical necessity for an accurate and consistent translation any more than we dispense with an accurate traffic sign. The agencies posting these materials should vouch for the accuracy of the information. Or at least there should be an inquiry point to respond to questions from foreign entities in Seoul and abroad.
Upon entering a web of new international obligations codified in international agreements of all sorts, Seoul’s regulatory landscape has changed enormously in the last several years. State agencies and administrations have had to assess the new terrain. How a particular policy will be perceived by foreign audiences is becoming a new check box in any assessment report. Circumstances tell us that provision of sufficient information is not only a prerequisite in the new terrain as such, but also the best sales pitch for foreign entities and investors.
We have been effusive in our praise of how much progress has been made in terms of making the business environment in Seoul foreign-friendly. Significant progress has been made but more needs to be done. As with airports, the English websites of the agencies are the first face of Korea that our foreign friends encounter.
By Lee Jae-min
Lee Jae-min is a professor of law at the School of Law, Hanyang University, in Seoul. Formerly he practiced law as an associate attorney with Willkie Farr & Gallagher LLP. ― Ed.
