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Chinese woman sues South Korea for negligence in connection with her husband's death in an immigration detention center

The family of a Chinese man who died in an immigration facility in Seoul earlier this year filed a lawsuit against the government on Thursday, claiming his death was due to negligence and lack of medical care.

Migrant rights activists say the deaths highlight widespread human rights abuses in South Korea's immigration detention centers, where detainees often endure inhumane treatment and are denied basic needs.

Duroo, a public interest association representing the deceased's surviving relatives, held a press conference at the Seoul Central District Court where the family filed a lawsuit against the government, demanding 56 million won ($42,000) in compensation.

According to the lawyers, the Chinese national died at the southern Seoul immigration office in Gangseo district on the evening of January 1, two weeks after his arrest, when officials discovered that his visa had expired. The autopsy showed that he died of peritonitis caused by a ruptured liver abscess and aggravated by his severe diabetes.

The inmate, who suffered from chronic illnesses such as diabetes and high blood pressure, had repeatedly asked for medical help, but officials ignored his requests, lawyers said.

“I visited my husband several times during his detention and it was clear that his health was deteriorating,” his wife said during the press conference. “On the morning of his death, he called a friend and told him he was so sick that he felt like he was going to die. But the officials continued to ignore him.”

She, also a Chinese citizen, wanted to remain anonymous out of concern about possible consequences regarding her visa.

“My young son and I lost the breadwinner of our family to a sudden death. The death could have been prevented if he had been allowed to go to the hospital just once.”

She also mentioned that a police investigation into the incident was completed without any immigration officer being held responsible and that the cause of death was attributed to chronic illness.

“Do I have to endure this unfair situation just because I am a foreigner with poor Korean skills and cannot afford a lawyer? Where is the justice?” she added.

Lawyers for Duroo and migrant rights activists hold a press conference near the Seoul Central District Court on August 22. Photo: The Korea Times

The facility where the Chinese national was held functions as a temporary detention center. It is where foreign nationals accused of visa violations are held until their cases are processed. Detainees usually stay there for several days or even weeks while they await deportation or the completion of administrative procedures.

Lawyer Lee Han-jae of Duroo claimed that the immigration authorities had violated relevant laws that require a foreigner to undergo a physical examination when admitted to a detention center.

“The regulation also stipulates that a foreign national must receive medical care in case of illness. If there is no doctor available at the facility, officials must call a doctor or the patient must be transferred to an outside medical facility for treatment,” Lee explained.

“The crux of this case is that the minimum necessary measures required to detain a person were not taken at all.”

Sim Ah-jung, a migrant rights activist, stressed that this incident was one of many preventable deaths in immigration detention centers, citing a similar incident at the Busan Immigration Center on August 16, 2022.

“Under the guise of 'protection,' non-Koreans are being detained in immigration facilities across the country and suffering psychological and physical harm. These facilities are intended as temporary detention centers for administrative procedures, not as places to hold people indefinitely,” she said.

The Korea Times has contacted the Justice Ministry for comment, but there was no response at the time of writing.