Illegal immigrant granted industrial compensation

An illegal worker who was serious injured by his supervisor is subject to the benefits of industrial disaster compensation, said the Seoul Administrative Court yesterday.

A 29-year-old Egyptian worker was stricken with a cerebral hemorrhage last July after he was struck with an iron machine part thrown by his Korean supervisor, surnamed Kim. Kim lost his temper over a misunderstanding about work instructions, said court officials.

After an operation to treat his injuries, the immigrant worker requested that the Korea Workers` Compensation and Welfare Service acknowledge his damages as an industrial disaster and grant him paid sick leave. His claim was denied, after which he filed a petition with the court.

The illicit Egyptian worker, who was working in a waste disposal site, could not properly understand Kim`s instructions to pile up waste in a single bundle, which prompted Kim to verbally abuse him. When the worker protested, Kim threw an iron machine part that struck him in the head.



Even with the success of his lawsuit, the worker was deported back to his country while the case was ongoing, said his lawyer.

"He sought police help but had to face restrictions due to his illicit status," said the lawyer. "Though we wish to let him know the trial results, there is little we can do except ask the Egyptian Embassy to pass on the news."

The number of registered foreigners in Korea exceeded 850,000 as of the end of 2008, according to Justice Ministry data.

In addition to this official record, some 183,000 illicit foreign workers are said to reside in Korea. It is estimated that 530,000 or more foreign laborers are working in industrial workplaces, according to the Immigrant Workers Labor Union.

Illegal foreign workers, who are largely unfamiliar with the Korean language and culture and are unprotected by law, are often exposed to verbal and physical abuse in the workplace.

The number of foreign workers who have faced delays in pay of more than one year have soared under the present Lee Myung-bak administration, showed Labor Ministry data submitted to the National Assembly last month.

Amnesty International also published a report on human rights status in Korea last month, pointing out the harsh labor environment for foreign workers.

"The Korean government failed to properly supervise the welfare of foreign workers, who are often exposed to physical dangers at workplaces and offered a relatively low salary," said an AI official.

The court ruling followed the government`s recent law revision to protect illicit foreign workers from being immediately deported while a refugee status petition is pending.

(tellme@heraldm.com)



By Bae Hyun-jung