A Review of the Labour Provisions in the Free Trade Agreements from the Perspective of the Korean Labour Movement - International Journal of Comparative Labour Law and Industrial Relations View A Review of the Labour Provisions in the Free Trade Agreements from the Perspective of the Korean Labour Movement by - International Journal of Comparative Labour Law and Industrial Relations A Review of the Labour Provisions in the Free Trade Agreements from the Perspective of the Korean Labour Movement 41 2

The Korea-EU Free Trade Agreement (KOREU FTA) has been framed as a case in which the ‘labour provisions’ in trade agreements could contribute to respect for fundamental principles and rights at work. From a perspective of European commentators, in particular, this evaluation is seemingly based on the idea that the complaints mechanism within the FTA – notably the Panel of Experts – helped South Korea to arrive at the long-delayed ratification of the International Labour Organization(ILO) fundamental Conventions, and that opportunities for social dialogue were created in Korea, where they did not previously exist.

This article attempts to review these evaluations from a perspective of the Global South, based on a history of struggles of labour and social movements in Korea. First, it illustrates how Korean trade unions and social movements have staged protests against neoliberal globalization and trade agreements since 1990s. This would explain why Korean civil society was highly sceptical of claims that the labour provisions could improve rights of workers and public interests. Second, this article highlights the real challenges and difficulties for meaningful social dialogue, which Korean trade unions have experienced inside and outside of the Trade and Sustainable Development Chapters in the KOREU FTA.

In addition, the paper analyses the extent to which the principle of freedom of association has been respected and considers whether meaningful change has occurred in Korea, before and after the ratification of ILO Conventions. This analysis leads to questions such as how international labour standards, notably freedom of association, could be realized in domestic countries, and the role of trade unions and civil society in defending and promoting fundamental labour rights, with or without the FTA regime.

International Journal of Comparative Labour Law and Industrial Relations