The politics of foreign labor policy in Korea and Japan

Abstract

We test the comparative foreign labor policies of Korea and Japan within a vein of international relations literature addressing the effects of international norms on changes in state policies. Building on the efforts to emphasize a state's domestic structure as a source of variations in the impact of international norms, this study enriches this debate further by demonstrating the role of the Korean state in developing international human rights norms domestically. In contrast to the previous studies that tend to dichotomize between states and human rights activists, which result in focusing their empirical studies on the question of whether states are constrained in developing immigration policies under the influence of international human rights norms, we demonstrate that state actors in coalition with human rights activists were actively involved in the process of enacting the Employment of Foreign Workers Act (EFWA) in Korea. More precisely, by offering a detailed account of how Korea finally suc ceeded in adopting the EFWA in 2003 after two failed attempts in 1997 and 2000, we attribute the success to the more extensive, organized pro-foreign workers coalition of state actors and human rights activists over the course of actions. When this observation is applied to Japan, the absence of an active role of the state accounts for Japan's relative silence on the EFWA.