[Special Contribution] Mass Detention of Korean Workers in Georgia: A Test of Law and Human Rights

A total of 316 Korean workers who had been dispatched or sent on business trips to Georgia, United States, and were detained for illegal stay or violations of U.S. immigration law, are returning to Korea today. This is certainly a fortunate development. However, the return of these individuals does not mean that this incident has come to a close. I am sure I was not the only one who felt anger and humiliation upon seeing the images of these workers standing against a wall, their hands and waists bound with chains, and wearing handcuffs and leg irons, as police officers pointed guns at their backs.

The United States is known as a country with a judiciary-first system, where all issues are ultimately decided by the courts. How, then, did such an incident occur? To answer this question as a legal professional, I held a video conference last night with Jeonghwa Lee, an attorney at the Atlanta-based law firm Nelson Mullins, who provided legal defense for the detained Korean technicians. Through this meeting, I was able to hear a detailed explanation of the local situation in the United States.

First, it is important to understand the nature of the B1 visa. The B1 visa is for short-term business visits, and it is explicitly legal for a Korean equipment company to send technicians to the United States to install, set up, calibrate, and test-run its equipment. This should be regarded as part of commercial activity for trade, not employment within the United States. Korean companies did not engage in illegal hiring. In fact, these technicians explained their purpose at the time of entry and received approval from U.S. immigration officers, yet they were arrested and detained without even being given an opportunity to explain themselves.

It has been reported that immigration authorities presented a court-issued warrant to secure procedural legitimacy. However, according to reports, the warrant was issued for the arrest of four individuals of Central and South American descent. It is difficult to accept as reasonable that, based on an arrest warrant for just four people, more than 500 personnel were mobilized, along with over 100 vehicles including helicopters and armored cars.

Given that immigration authorities themselves stated that they had been investigating for several months, it raises serious doubts as to whether Korean technicians involved in the construction of Korean companies' factories were targeted and the operation was carried out in a planned manner from the beginning. If the true target was concealed in order to obtain the warrant from the court, the warrant application process itself may have been illegal, and this could constitute a direct violation of the principle of due process, which is a cornerstone of the rule of law in the United States.

Another issue that deserves attention is the excessive detention and violation of human rights. Was it truly legal and necessary to shackle, handcuff, and put leg irons on individuals who were merely installing machinery in a factory, not terrorists or violent felons? Furthermore, it must be strictly examined whether such treatment is in line not only with U.S. laws but also with the spirit of the Korea-U.S. Free Trade Agreement (FTA), which includes provisions on national treatment, most-favored-nation treatment, fair and equitable treatment and protection, and prohibition of restrictions based on the nationality of executives.

It is a serious matter that Korean companies, which have made significant investments, were subjected to an unexpected large-scale crackdown and mass arrests. I hope that our companies will be able to resume normal operations as soon as possible, and above all, I extend my deepest sympathy and encouragement to the Korean technical personnel who had to endure physical restraint, personal humiliation, and fear while being isolated from the outside world far from home.

Suman Park Attorney