A migrant worker who was recognized by the National Human Rights Commission of Korea (NHRCK) as a victim of human rights violations has lost his lawsuit seeking damages from the state over his compelled involvement in an undercover police investigation.
According to legal sources, Tuesday, Judge Kwon Ju-yeon of the Seoul Central District Court ruled against a Bangladeshi national, identified as A, who had filed a compensation claim against the state. The court had attempted mediation last December, but after both parties rejected the proposal, the case proceeded to a single hearing before a ruling was issued.
A first encountered police officer B at a migrant worker center event in March 2023. B initially concealed his identity but later disclosed his occupation and maintained contact with A.
As investigations into illegal foreign currency traders progressed, B asked A for help, noting that A spoke the same language as suspected offenders.
A’s involvement consisted of depositing cash given to him by B into accounts linked to an alleged illegal money exchanger. B also issued multiple instructions in an effort to gather investigative leads. Over the course of about a month, A made six transfers totaling around 1.3 million won, but the suspect disappeared with the money and was never apprehended.
A migrant labor rights organization supporting A filed a petition with the NHRCK after learning of the situation. They argued that B exploited A’s vulnerable circumstances — A had lost his job due to an industrial accident and was undergoing medical treatment — by mentioning rewards and visa issues to pressure him into helping with the investigation. They also criticized B for entering the organization under a concealed identity.
B’s police station issued him a written warning as well as reassignment. Although B insisted that A cooperated voluntarily, the NHRCK concluded otherwise, stating that the officer had “encouraged illegal conduct” and failed to use lawful methods, resulting in a violation of A’s rights.
In an earlier mediation proposal, the court’s settlement center recommended that the state pay A 8 million won ($5,900) in consolation money, which would have carried the same legal effect as a finalized judgment had both parties agreed.
However, police rejected the decision, maintaining that the investigation was lawful, prompting the trial to resume.
In the first-instance ruling, the court sided with the state. Unlike the NHRCK, the court found that B’s investigative approach did not constitute an unlawful act or an abuse of authority. As part of its reasoning, the court cited text messages in which A expressed gratitude and willingness to assist B.
A’s legal team strongly disagrees, arguing that the court overlooked the coercive dynamics at play and the possibility that A’s actions could constitute a violation of the Foreign Exchange Transactions Act, which regulates transfers made outside authorized foreign exchange institutions.
Attorney Choi Jeong-kyu of Wongok Law Firm, who represents A, said, “A’s messages reflect passive compliance after sustained persuasion and direction from a police officer.” He added, “The ruling fails to recognize the stark power imbalance between a police officer and a migrant worker, as well as A’s urgent personal circumstances. We will appeal.”
This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by generative AI and edited by The Korea Times.