State, Civil Society and International Norms: Expanding the Political and Labor Rights of Foreigners in South Korea

Abstract

This paper examines the dynamic role of the state, civil society groups and international conventions in expanding the rights of foreigners in South Korea. While recent scholarship on international migration reflects a growing gap between post-national and state-centered theories, the South Korean case illustrates the dynamic interplay of actors involved in major policy developments concerning interethnic marriages, citizenship, and the temporary foreign worker program. Although the challenges of adopting additional UN and ILO Conventions remain, the passage of the Nationality Act and the Employment Permit System reflects a steady expansion of political and labor rights for foreigners. The increasing number of foreigners marrying Koreans and the strong prospect of long-term dependence on foreign workers accentuate even more the significance of these changes. This paper shows that the expansion of foreigner rights depends on the liberal position of the state, the organizational strength of NGOs, and the system of checks-and-balances structurally embedded in the way the state parties and NGOs cooperate in implementing international instruments.