Undocumented Thai worker to receive state support after air gun assault

A foreign employee works at a factory in Paju, Gyeonggi Province, in this October 2021 file photo. This picture is not related to the story. Korea Times photo by Lee Han-ho

A Thai worker who suffered internal injuries after his employer allegedly fired a jet of high-pressure air into his body at a factory in Hwaseong, Gyeonggi Province, is expected to receive state protection and industrial accident compensation, in a case now testing Korea's treatment of undocumented laborers.

According to government officials, the worker, in his 40s, was working bent over a table at a metal-plating factory on Feb. 20 when the employer approached him and allegedly pressed an air gun against his bottom area before pulling the trigger, causing his abdomen to swell rapidly and leaving him struggling to breathe.

The man was first taken to a local hospital and then transferred to Ajou University Hospital in Suwon, before finally undergoing surgery at Osan Hankook Hospital the next day. During this period, the employer allegedly kept urging him to return to Thailand. He is still in recovery.

The worker entered the country in 2011 under the Employment Permit System (E-9), but became undocumented after his visa expired in July 2020.

The case triggered widespread public outrage over the brutality of the act and the fact that the employer attempted to conceal the incident by pushing the worker out of Korea instead of securing timely medical care.

President Lee Jae Myung on Monday ordered a thorough investigation into the case, saying “violence and discrimination against vulnerable migrant workers” is an “intolerable” crime, according to Lee Kyu-youn, senior presidential secretary for public communication.

Police said Tuesday that the owner, in his 60s, has been under a travel ban and faces an interrogation over the allegations, including his motive. He reportedly claimed that he did it “just for fun,” denying accusations that he told the worker to leave.

The Ministry of Employment and Labor has also launched an inspection into the workplace. It said it will not only investigate assault and workplace harassment against foreign workers, but also examine wage theft and other labor law violations, as well as potential breaches of the Industrial Safety and Health Act such as failing to implement safety measures. The ministry added it will cancel or restrict employment permits and pursue criminal charges if serious violations are confirmed.

Meanwhile, the Ministry of Justice is moving to shield the worker from being deported while the investigation is underway. It vowed to work to provide protection measures for the victim, including granting a stable residence status in Korea and waiving immigration fines, so that he can focus on recovering, while also investigating whether the employer engaged in illegal hiring or other violations of the Immigration Control Act.

An official at the Korea Workers’ Compensation and Welfare Service, a state-run institution that administers industrial accident insurance, indicated that the worker’s undocumented status would not bar him from coverage.

“Under our basic principles, Korean and foreign workers are treated the same, so we will review whether it is work-related under the same standards and then process the industrial accident claim without delay,” the official told The Korea Times, Monday. “Undocumented foreign workers are subject to the same criteria. There is no discrimination.”

Asked whether the Thai worker’s case would be considered an industrial accident, the official explained that fights between co-workers driven by personal grudges are generally not recognized as work-related accidents. However, she noted that in this specific case, the Thai worker was performing his duties when the Korean employer, in a position of power, allegedly assaulted him. Such conduct, she said, can be deemed as workplace harassment, which is “in principle recognized as an industrial accident.”

If the worker’s injury is recognized as work‑related, he will be entitled to medical care, wage replacement and other benefits under Korea’s industrial accident insurance system.