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Ajit Roy, a migrant worker from Bangladesh diagnosed with a job-related lung disease, is currently facing a lawsuit while lacking proper visa or residency status.

He came to Korea to earn money but fell seriously ill just eight months into his job. Although he filed for recognition of his illness as an industrial accident, the Korea Workers' Compensation and Welfare Service (COMWEL) delayed its epidemiological investigations for two years.

These setbacks, along with difficulties in securing visas during legal disputes, often leave migrant workers like Roy in an increasingly vulnerable position.

Ajit Roy, a migrant worker from Bangladesh

"Although Korea promotes its commitment to guaranteeing human rights and providing favorable conditions for migrant workers, why am I not being granted my human rights?" said Ajit Roy, a migrant worker from Bangladesh, during a recent interview with The Korea Times.

"I have worked here, suffered an injury due to my job and have a valid reason to stay."

Roy came to Korea in April 2011, after graduating from university in Bangladesh.

"I wanted to work in Korea for a few years, save up some money, and return to Bangladesh to become a public official," he said.

He explained that he chose Korea because it was considered a more affordable and accessible option.

Roy took his first job at a furniture factory in Bucheon, Gyeonggi Province, but he encountered hostile working conditions.

"Since my Korean wasn't good, I faced a lot of verbal abuse and even physical assault, and the pay was also low," he said.

This undated photo shows a factory filled with dust and iron powder in Ansan, Gyeonggi Province, where migrant worker Ajit Roy was employed and endured harsh conditions. Courtesy of Attorney Choi Jeong-gyu

He returned to Bangladesh in 2016, where he studied Korean before reentering Korea in June 2018 under the Employment Permit System (EPS). This program grants visas to foreign workers in specific industries, aiming to address Korea's labor shortage due to a shrinking population.

He secured a job at a fire extinguisher manufacturing plant in Ansan, Gyeonggi Province, but again faced brutal working conditions.

In November 2021, after eight months of grinding product surfaces at the factory, Roy was diagnosed with interstitial lung disease. Even after surgery, 40 percent of his lungs are not functioning.

"Doctors say the disease is incurable and I'm scared I might die if I don't receive proper treatment," he said.

He filed for recognition of his illness as an industrial accident in 2022, but it took COMWEL two years to reach a decision.

During this time, the company pressured Roy to withdraw his application and issued a notice of dismissal effective May 6 of this year.

In April, COMWEL rejected his application. Following the decision, Roy filed a petition to the Seoul Administrative Court on Sept. 26 and is now pursuing a trial to have his diagnosis recognized as an industrial accident.

Human rights undermined by visa delays

The issue now is that the Ministry of Justice has yet to issue a visa recognizing Roy's right to remain in Korea, which is creating challenges for him.

He needs to stay in the country as the trial will determine whether his illness is work-related. In cases like his, a G-1 visa can be issued to grant temporary residency status. However, the ministry has so far withheld the visa, only extending his departure deadline.

According to Roy's legal counsel, who is providing him with pro bono assistance, he requires at least a G-1 visa and a foreign registration card to address basic needs, such as bank transactions.

Simply expanding his departure deadline severely restricts his daily life, especially since he requires ongoing medical treatment.

Until May, Roy was still affiliated with his employer and was covered by health insurance. However, since then, he has lost that coverage, causing his medical expenses to skyrocket.

Unable to afford regular treatment, he sometimes delays his care, relying on financial assistance from civic groups and his legal counsel.

"Treatment is too expensive, and I can't go back to Bangladesh even if I wanted to because I wouldn't be allowed to return to Korea," he said. "I'm stuck here with no options."

His legal team plans to file a petition with the National Human Rights Commission, arguing that the government's refusal to issue a visa, while merely extending his departure deadline, violates his human rights and his right to a fair trial.

Choi Jeong-gyu, an attorney at Wongok Law Firm representing Roy pro bono, highlighted that this case exemplifies Korea's treatment of migrant workers, even as the country promotes the Employment Permit System (EPS) to address its labor shortage.

"Protecting the rights of migrant workers serves the nation's interests. More will come if they are treated well," he said.