Employer agrees to sponsor South Korean worker
in exploitation suit settlement
By WENDY HUNDLEY / The Dallas Morning News (Wednesday, May 21, 2008)
McKINNEY -- For more than four years, Tae-Young Kim worked 12 to 15 hours a day, seven days a week for a Plano laundry and dry cleaning owner. He often slept in his boss's van or on his apartment floor.
For all his time and service, Mr. Kim, a South Korean citizen, earned less than $5,000 and lived off a daily dose of fast-food cheeseburgers.
He was treated like an "indentured servant" and was exploited because he doesn't speak English and was afraid to turn to authorities for fear of deportation, said Chad Hardgrave, Mr. Kim's attorney.
Mr. Kim, 55, sued his employer, Steve Yun, for back wages. On Tuesday, just before the case was to go to trial here before State District Judge John Roach Jr., the two sides settled. The agreement calls for Mr. Kim to return to work for Mr. Yun, this time as a full-time employee earning $8 an hour. Mr. Yun will also give Mr. Kim $20,000.
But the agreement also includes something that may be even more important than money to Mr. Kim: a chance to remain in America. Mr. Yun agreed to sponsor his employee while he continues his quest to gain custody of his son.
Mr. Hardgrave acknowledged that the idea of returning to the same employer "was the major sticking point" for his client and that he was reluctant to do so.
"But the opportunity to have a sponsor was more important than anything," the Dallas attorney said. "He wanted to stay in the United States without being deported while he fights the custody battle for his son."
Dallas attorney Dan Estrada, who represented Mr. Yun, doesn't dispute that Mr. Kim wasn't paid for his work. But he said that Mr. Kim was never an employee during that time. He said Mr. Yun was trying to help a fellow Korean by teaching him the dry-cleaning business while providing him with food and lodging.
Mr. Estrada said Mr. Yun paid $4,000 to an attorney to help Mr. Kim with his immigration case and that money has not been repaid. He also said Mr. Yun got a divorce and didn't have anywhere to stay either, so he and Mr. Kim "slept i! n the va n together for eight or nine months."
"In the Korean community, it's not unusual for a person who is doing well to help a fellow countryman in need," Mr. Estrada said.
Mr. Kim, who was divorced in South Korea, came to the Dallas area in 2000 to try to gain custody of his three children from his ex-wife.
Of the three, only his 13-year-son remains with her.
After his visitor's visa expired in 2001, Mr. Kim was granted a temporary worker's permit, said Mr. Hardgrave, who got involved in the case through an organization that helps immigrants.
Mr. Kim's status as a temporary worker expired when Mr. Yun failed to provide immigration authorities with proof of employment, according to the lawsuit.
Under the terms of the settlement, Mr. Kim will work for his former employer for two years while he petitions immigration authorities to remain in the country permanently.
"At the moment, he's an illegal immigrant, but that should be resolved in the near future," Mr. Hardgrave said.
Through an interpreter, Mr. Kim acknowledged Tuesday that he felt some initial "animosity" toward Mr. Yun.
"But because of the settlement I feel better," he said. "It's good for both of us."
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