Tae Sook Park v. Bong Kil Shin Mee Sook Shin

Plaintiff Tae Sook Park brought this action against Bong Kil Shin, the Deputy Consul General of the Korean Consulate in San Francisco, and his wife, Mee Sook Shin. Plaintiff alleges several employment-related claims arising from her tenure as the Shins’ domestic servant. The district court ruled that Defendants are entitled to immunity under the Vienna Convention on Consular Relations (Vienna Convention) and dismissed the action. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant Bong Kil Shin is the Deputy Consul General of the Republic of Korea Consulate General in San Francisco, and Defendant Mee Sook Shin is his wife. Plaintiff Tae Sook Park is a Chinese national who began working as a domestic servant for Defendants in 1996, while Mr. Shin was stationed at the Korean Embassy in China. In February 1999, Mr. Shin was transferred to the Korean Consulate in San Francisco. Mr. Shin obtained for Plaintiff a visa to allow her to come to the United States and to continue working for Defendants.

Plaintiff worked in the United States as a domestic servant for Defendants from February 28, 1999, to October 3, 2000. She resided in Defendants’ home in San Mateo County.…