On Nov. 24, about 30 Uzbek students enrolled at a Korean language course at Hanshin University in Gyeonggi Province received a notice from school officials that their dormitory will undergo disinfection three days later. The students were told to keep their valuables with them on the designated sanitization day.
The timing of the disinfection seemed unusual and abrupt, considering that the days of strict COVID-19 quarantine measures were seemingly over. But the students did as they were told.
Among them, 23 students were asked to gather at a hallway and board a bus parked near the dormitory building at around 1:00 p.m on Nov. 27, which they were told was disinfection day.
"As we got on the bus, professors and officials told us that we are going to the immigration office to make ID cards for foreign students," Abdulhamidov, who was among the 23 students, told The Korea Times, asking to be identified only by his surname.
Approximately 20 minutes into the journey, the bus made an unexpected stop where 16 men, all dressed in black attire, boarded.
Abdulhamidov and his friends felt something was wrong.
"A cameraman was recording everything happening on the bus, while the 16 men, who looked like security guards, stood near us and asked for our phones," he recalled. "They took my phone, so I don't have any photos or videos from the bus."
University officials told the students, through a senior Uzbek undergraduate serving as an interpretor, that they must immediately return to Uzbekistan or face jail sentences here for violating immigration laws.
Shock and fear filled the bus as the students were handed documents explaining tuition refund procedures.
"They told us to sign it. I paid a full tuition fee for one year, and the document said that a quarter will be deducted for the two months I attended . They also deducted about 600,000 won ($460) more for the plane ticket back to Tashkent which they had booked," Abdulhamidov said.
After signing the document, the panic-stricken students sat in silence, unable to call their families or friends at home, as the bus made its way to Incheon International Airport.
At the airport, the students were escorted by security guards to board a pre-booked Asiana Airlines flight bound for Tashkent at 4:40 p.m, with most of their belongings left behind at the dormitory.
One student could not board the scheduled flight after she fainted at the airport and was taken to a hospital. The other 22 students left for Uzbekistan.
According to Hanshin University, the students allegedly violated an immigration law mandating foreign students to maintain a balance of 10 million won in their bank deposit accounts for at least three months before their visa approval.
However, the Uzbek students claim that they were not properly notified about this rule by the university officials prior to obtaining the visa. The students, who entered Korea in September, were granted a six-month study visa valid until March 2024.
"The students were not well aware of the rule, so they took out some of the money from their bank accounts," said Choi Jeong-gyu, an attorney at the law firm, Wongok. He represents 11 students who plan to take legal action against the university.
"As far as I know, this clause about having to maintain their balance for three months was introduced in June. Prior to this, there were no specific rules about having to keep the balance for a certain period," Choi said.
After being criticized by the public for repatriating the Uzbek students, Hanshin University issued a statement on Dec. 12, apologizing for what it said were "inappropriate methods and process" in sending the students back home.
"The students were denied visa extensions, leaving them with no choice but to leave the country. The measure was taken under the pretext of offering them tuition refunds and opportunities for re-entry," the statement read.
The university also claimed that the Uzbek students were unwilling to cooperate and were frequently absent from class due to illegal part-time jobs as additional reasons for their expulsion.
Hanshin University did not respond to multiple phone calls and text messages sent by The Korea Times for further explanations.
"This case showed me that human rights issues in Korea need to be examined more properly and it would be nice if they show some respect for other nations. Their actions have negatively changed my view about Korea," said Abdulhamidov.
Bungled handling by justice ministry
The forced repatriations of the Uzbek students is a serious human rights violation, said Choi, the attorney, who also pointed out that this may also constitute a crime such as confinement (on the bus) or extraterritorial abduction.
But from a broader perspective, this incident shows the failure of the Ministry of Justice to effectively manage its visa programs in the first place.
If it is true that the students had failed to maintain their bank balance requirments prior to the visa screening, their entry permits should have been denied from the beginning, according to Choi.
"Their visas were approved. This means that the immigration office either did a poor job of screening their applications or, in some way, bent the rules. There should be a thorough investigation," Choi said.
The lawyer also raised the possibility that the immigration authorities may have been involved or were at least aware of the repatriation process.
In an official letter sent to an Uzbek study agency – through which the 23 students enrolled – Hanshin University said the departure process was "legally carried out" in collaboration with the Incheon Immigration Office as well as the investigation and foreign affairs divisions of Incheon Airport Police.
The letter, viewed by The Korea Times, also promised students, who agree not to file legal objections to the repatriation, an opportunity to reapply for visas next year.
The Ministry of Justice, however, denied any involvement in the repatriations of the students.
"There is no reason for the immigration office to assist the departure of students who were legally allowed to stay until March next year," said an official at the ministry, adding that it will cooperate with an ongoing police investigation.
Investigation launched
Osan Police Station has officially launched a probe into the matter based on a report filed on Dec. 1 by the students' families.
University officials are scheduled to be summoned for questioning this week, and the scope of the investigation could be expanded depending on the situation.
"We are looking at charges of confinement, as the victims' main complaint is that they were forcibly loaded onto the bus," a police officer said, noting that the investigation is still in its preliminary stage.
The National Human Rights Commission of Korea (NHCRK), for its part, has also opened an investigation to examine possible human rights violations in the repatriation procedures.