Letter between USG and SKG on confidentiality of KORUS renegotiation documents

January 5, 2018

Michael Beeman

Assistant United States Trade Representative

Office of the United States Trade Representative

Washington, D.C.

Dear Mr. Beeman:

This letter is to acknowledge receipt of your letter of this date, which reads as follows:

“In preparation for initiating negotiations on amendments and modifications to the United States-Korea Free Trade Agreement (KORUS), I would like to outline the following important points about the handling of documents in the context of the negotiations, and confirm that you agree with this approach: 

Letter b/w EC and SKG on confidentiality of negotiation documents of EU-Korea FTA

KORUS Negotiation Documents (Preamble for Investors): Disclosed by the Supreme Court Order

Now we got a piece of negotiation documents of KORUS FTA. They reveal the US unilateralism, which will be pursued more strongly by the Trump Administration. Efforts of Korean negotiators to insert "Korea" into the KORUS Preamble were all failed. Compare the final text and failed proposals of South Korean Government (SKG).

Court ordered Disclosure of the Negotiating Documents of KorUS FTA

This is a rare victory. The court has long been reluctant to raise hands of individuals having rights to know, especially when it comes to trade agreements. Back in 2007 when the KorUS FTA talk was close to a conclusion, the court decided in favor of the Korean government to keep confidential draft texts of the FTA. We have two additional court decisions rejecting the request for information disclosure of negotiating documents of KorUS FTA in 2008 and in 2009.