Jung Min-ho has worked as a staff writer at The Korea Times since 2012, mostly covering social and political issues. He currently belongs to the Politics & City Desk where he covers topics such as health, labor and human rights. Prior to joining the team, he was responsible for covering North Korea and sports. His article about a biosecurity breach of Middle East respiratory syndrome won him an award from the Korea Science Journalists Association in 2016. He is also the co-author of the book, "Medical Pioneers of Korea" (2019). He served as the head of the international relations committee at the Journalists Association of Korea from 2021 to 2023.
EXCLUSIVE Korea cannot withdraw from Convention 111 until 2030: ILO
Rep. Na Kyung-won, left, of the ruling People Power Party listens to Seoul Mayor Oh Se-hoon during a seminar held on the issue of introducing a separate minimum wage system for foreign workers at the National Assembly in Seoul, Aug. 27, 2024. The International Labour Organization told The Korea Times recently that Korea won’t be allowed to withdraw from its anti-discrimination treaty until 2030. Newsis
By Jung Min-ho
Denunciation of anti-discrimination treaty could trigger trade dispute with EU: official
The International Labour Organization (ILO) said Korea won’t be allowed to withdraw from its anti-discrimination treaty until 2030, amid calls raised by a senior politician to do so.
In a statement sent to The Korea Times recently, an ILO representative said the termination of Convention No. 111 will be accepted only during a certain period and suggested Korea’s attempt to pull out of the treaty early could give rise to a trade dispute with the European Union.
“Every ILO convention contains among its final articles a specific provision providing for its denunciation. Normally, once a convention enters into force, a one-year window in which it may be denounced opens up every 10 years,” said Steve Needham, a senior communication officer at its office for the Asia-Pacific region. In the case of the anti-discrimination convention, he said the soonest period in which it may be denounced is between June 15, 2030, and June 15, 2031.
Article 9 of the convention states that a member state may withdraw from it “after the expiration of 10 years from the date on which it first comes into force.”
The ILO official’s remarks come a week after Rep. Na Kyung-won of the ruling People Power Party publicly called on the government to begin discussions on leaving the treaty. She said its anti-discrimination rule should be blamed for the “failure” of a six-month foreign nanny program in Seoul because that rule and domestic laws did not permit employers to pay noncitizen workers less than the legal minimum wage.
But according to the ILO official, Korea's pulling out of the convention is a lengthy process, especially given that the country also ratified its Tripartite Consultation Convention, under which member nations must consult with representatives of laborers and employers before submitting a proposal for the denunciation of any of the conventions.
If the government decides to do so anyway, a political backlash from labor unions is almost certain and Korea’s international reputation would be significantly damaged, experts said.
It would also make Korea the first member state to leave the convention since it was first signed in Geneva in 1958. Korea joined it in 1998.
“No country has denounced this convention … 175 countries have ratified (it) and there are zero denouncements,” Needham said.
The consequences of proceeding with such a plan could be far-reaching ― beyond damage to the country’s global standing.
“Please also note that the Republic of Korea’s 2016 free trade agreement with the European Union contains binding provisions on labor and social standards, under which the former has committed itself to ratifying and applying the ILO’s fundamental human rights conventions, which includes [Convention No.] 111,” Needham added.
This means, if Korea leaves the convention, the EU could accuse the country of violating the agreement and bring the case to the World Trade Organization.
All these risks suggest that policymakers should reassess the foreign nanny program through which they seek to help alleviate Korea’s birthrate crisis by providing child care services at a lower cost. Initially, policymakers had planned to expand it to invite 1,200 caregivers from overseas after the current trial program, which is scheduled to end on Feb. 28. But the plan has been stalled amid complaints about the higher-than-expected service costs.