Discussions conducted within the framework of the Civil Society Forum and the European Union Domestic Advisory Groups (EU-DAGs) established in the context of this European Union-Republic of Korea Free Trade Agreement (FTA) create space for regular cross-border social dialogue.
The Civil Society Forum
The EU-Republic of Korea FTA, in force since 2011, contains Chapter 13 on "Trade and Sustainable Development," which provides for the creation of a "Civil Society Forum." Representatives of trade unions and employers' organizations from various countries participate in this Forum alongside other civil society organizations. They are mandated to "conduct a dialogue encompassing sustainable development aspects of trade relations between the Parties."
The Forum, which meets at least once a year, is composed of members drawn from the Domestic Advisory Groups (DAGs) that the Parties are also required to set up "with the task of advising on the implementation" of the Trade and Sustainable Development Chapter and submit "views, opinions or findings" on the implementation.
According to the same Chapter of the FTA, the Parties "reaffirm the[ir] commitment to effectively implementing the ILO Conventions that the Republic of Korea and the Member States of the European Union have ratified respectively." The Parties also commit to "continued and sustained efforts towards ratifying the fundamental ILO Conventions as well as the other Conventions that are classified as 'up-to-date' by the ILO."
Meeting reports
Meetings of the Civil Society Forum may produce joint conclusions. For example, at its eighth meeting on 13 September 2022 in Seoul, the Forum issued conclusions that reiterated that "the Government of the Republic of Korea should ensure that amendments to labour legislation result in the full implementation of the provisions of ILO Conventions." It also invited "the Republic of Korea and the eight EU Member States that have not yet ratified the Protocol to the Forced Labour Convention (P29) to consider doing so in the near future".
For other examples of topics addressed and work developed within the framework of this Forum, see the press release summarizing the 10th meeting held on September 2024.
The European Union Domestic Advisory Group (EU-DAG) and cooperation between both parties’ DAG
While country-level DAGs are spaces for dialogue between national organizations, the EU-DAG under the EU-Republic of Korea FTA is an example of cross-border dialogue to the extent that it brings together organizations from different EU Member States. In line with the Agreement, DAGs shall comprise "independent representative organizations of civil society in a balanced representation of environment, labor and business organizations as well as other relevant stakeholders." Consequently, the EU-DAG under the FTA includes representatives of European trade unions and employers' organizations, as well as representatives of national trade unions and employers' organizations, alongside other civil society organizations. See more information on the Group’s composition.
This EU-DAG meets at least twice a year and is tasked with advising on how the Trade and Sustainable Development Chapter is implemented and submitting "views, opinions or findings" on its implementation. For instance, it has done this during a dispute between the two Parties over the ratification of several international ILO Conventions (see below*).
On this occasion, the EU-DAG issued an opinion on “Fundamental rights at work in the Republic of Korea, identification of areas for action” (May 2013). This document was particularly important as it set the basis for discussions and follow-up in several areas that further promote labour rights. In January 2014, the EU-DAG asked the European Commission (EC) to activate the conflict resolution mechanism and to proceed with consultations in response to alleged violations by the Republic of Korea regarding its commitments under the Agreement. At that time, the Republic of Korea had not ratified Conventions No. 87 and 98, concerning freedom of association and the effective recognition of the right to collective bargaining, or Conventions No. 29 and 105, concerning forced labour. At the end of the dispute settlement procedure under the FTA, the Republic of Korea ratified three out of the four outstanding fundamental ILO Conventions (C87, C98 and C29). It amended its trade union legislation to bring itself into compliance with ILO's principles.
The EU and Korean Domestic Advisory Groups (DAGs) also regularly hold joint sessions and issue joint statements, often in the margins of the annual Civil Society Forum.
An example of a joint session has been the Intersessional Workshop on Platform Work held on 30 May 2024, which allowed the DAGs to exchange views on the response of Korean Social Insurance Law to the diversification of employment status in South Korea, on the EU Directive on improving working conditions in platform work, and on challenges and cases on the ground in the context of platform work.
*An EC webpage on bilateral disputes under its FTAs contains, among other things, information on the settlement of a dispute on fundamental rights at work under the EU-Republic of Korea FTA.