Migrant worker denied trial chance due to language barrier

A migrant worker from Cambodia has been denied a chance to appeal his conviction because he could not understand the Korean-language simplified sentencing order he received.

The Incheon District Court rejected the worker's plea to restore his right to a formal trial on June 9. The 34-year-old, identified only as 'A', was accused of importing 60ml of the psychotropic drug 'Rush' and received a fine of 5 million won via a simplified sentencing order. He claims he was merely receiving the package for an acquaintance and intended to argue this in a formal trial.

However, 'A' missed the seven-day deadline to request a formal trial because he did not understand the procedures outlined in the order. Judge Lee Jin-yong stated that the defendant's inability to understand Korean, as a foreigner, does not constitute a reason for which he or his representative cannot be held responsible.

While court regulations require the translation of indictments for foreign defendants who do not understand Korean, there is no such provision for simplified sentencing orders. This gap has led to concerns about foreign defendants' rights.

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The circumstances, such as the defendant being a foreigner who does not understand Korean, cannot be considered a reason for which the defendant or their representative cannot be held responsible.

In a similar case in 2024, the Jeju District Court did grant a foreign defendant's request to restore their appeal rights, acknowledging the necessity of providing translated simplified sentencing orders to ensure the effective protection of appeal rights for non-Korean speakers.

Migrant and labor groups are scheduled to hold a press conference on June 16 to call for the mandatory translation of simplified sentencing orders for foreign defendants. They plan to submit their opinions to the Court Administration Office.

If 'A's fine is finalized, he faces a high likelihood of forced deportation under Ministry of Justice guidelines. His lawyer has filed an appeal against the court's decision to deny the restoration of his appeal rights.

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For foreign defendants, it is necessary to provide a translated version of the simplified sentencing order to effectively guarantee their right to a formal trial.