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Representative of the National Union for Free Unification, Ph.D. in Public Administration, President of the Global Aerospace Industry AssociationThe Joint Statement on Trade and Security (Fact Sheet) issued simultaneously by South Korea and the United States on November 14th includes not only agreements on trade sectors such as tariffs, trade, and investment, but also various levels of agreements on security issues like the modernization of the ROK-US alliance, coordination on Korean Peninsula and regional issues, and maritime and nuclear partnerships, as well as non-tariff matters.

Even the implementation of agreements on tariffs, trade, and investment among these is by no means easy, as South Korea must pay $20 billion in cash to the United States annually. Furthermore, the possibility of disagreements between the two countries remains as long as there are items for which tariffs have not yet been agreed upon, and restrictions on market access are lifted. The various agreements on non-tariff matters reflect concerns about issues primarily raised by the United States and potential future problems, and they include continuous monitoring, warnings, and necessary actions.

The agreements contained in the fact sheet are commitments by both countries, regardless of the sector or their importance, and their non-fulfillment can affect the overall agreement. Here, we will examine several points that could negatively impact U.S. sanctions, tariff rates, and ultimately, bilateral relations.

Regulation of Digital Services and Protection of Big Tech

 
Both countries have pledged to ensure that U.S. companies (such as Google, Apple, Microsoft, etc.) are not discriminated against in network usage fees and online platform regulations, and to facilitate the cross-border transfer of location and personal data. This reflects U.S. concerns that regulations like South Korea's "Platform Competition Promotion Act" (MRFTA) are targeting U.S. Big Tech companies.

In August 2025, the U.S. USTR designated South Korea's cloud and AI regulations as "unfair barriers" and stated it would consider applying Section 301 of the Trade Act of 1974 through H.R.3193 (R.O.K.-U.S. Digital Trade Enforcement Act). In a letter from U.S. lawmakers in October 2025, it was criticized that "EU-style regulations favor Korean competitors (Naver, Kakao)."

If the agreement is not implemented, the U.S. may initiate a Section 301 investigation in early 2026. If South Korea's MRFTA revision (separate bills for the "Monopoly Regulation Act" and "Fair Trade Act" proposed in August 2025) is insufficient, it is expected that the U.S. will exert pressure through measures such as tariff increases.

Protection of Labor Rights and Investigation of Forced Labor at Shinan Salt Farms

The fact sheet stipulates that both countries will cooperate to combat all forms of forced labor globally, including ensuring strong protection of labor rights and eradicating the import of goods produced by forced labor. This appears to reflect the U.S.'s human rights trade standards. The import of products produced by forced labor in China's Xinjiang Uyghur region has already been banned (based on the "Uyghur Forced Labor Prevention Act," UFLPA, enacted in June 2022).

The Taepyeong Salt Farm in Shinan is the largest producer of sun-dried salt in South Korea and has been managed as a nationally registered cultural heritage (designated in 2007) since its establishment in 1953. However, due to prolonged incidents of forced labor and human trafficking, it has become stigmatized as a symbol of "salt farm slavery." These incidents are not mere individual crimes but are pointed to as an organized exploitation network involving local residents, public officials, and even current local councilors, representing shocking events that have exposed South Korea's shameful human rights situation both domestically and internationally. (Numerous media reports detail cases such as an intellectually disabled and visually impaired person who was imprisoned for 37 years, escaped, and was re-imprisoned, and only one out of 36 salt farm operators being punished).

Recently, in April 2025, the U.S. banned the import of salt produced at the Taepyeong Salt Farm in Shinan. On November 19, 2025, the U.S. Embassy in South Korea launched a fact-finding investigation into a case of 10 years of unpaid labor by an intellectually disabled person (reported by SBS). In 2026, further import bans on other salt farms are possible, and a joint investigation team is expected to be formed, along with efforts to establish a "Forced Labor Eradication TF" in cooperation with the South Korean Ministry of Employment and Labor.

Cooperation in Cyberspace and Prevention of International Crime, Drugs, etc.

 
In early November 2025, FBI Director Kash Patel visited Japan (Tokyo), South Korea (Seoul), and China (Beijing) sequentially as a follow-up to the recent visit of U.S. President Trump to Asia. During his visit to South Korea, for reasons unknown, South Korean media did not report on it, and it was only reported by some media outlets, such as the Chosun Ilbo, two weeks later.

During his visit to Seoul, Director Kash Patel met with Park Sung-joo, Head of the National Investigation Headquarters of the Korean National Police Agency, and discussed priorities for mutual cooperation, including repelling cyber attackers and preventing the spread of scam centers in the Asian region. The possibility of including election-related cybercrimes in future FBI investigations has been mentioned. During his visit, on the 7th, the Director visited the Demilitarized Zone (DMZ) and received a briefing on his area of jurisdiction.

In October 2024, South Korea and the United States agreed that "if an attack in cyberspace or outer space clearly threatens the security of the alliance, Article 3 of the ROK-U.S. Mutual Defense Treaty can be invoked." This establishes a basis for considering cyberattacks (e.g., cryptocurrency hacking, DDoS attacks) as "armed attacks" in addition to traditional land, sea, and air domains. On November 14, 2025, the U.S. Department of Justice (DOJ) announced sanctions related to remote IT operations and cryptocurrency hacking by North Korea (DPRK) (APT 38 group).

Principles of Freedom of Navigation/Flight and Compliance with International Law of the Sea

The fact sheet reaffirmed that "the Presidents of the Republic of Korea and the United States reaffirmed their efforts to uphold the freedom of navigation and overflight and other lawful uses of the sea, and that all countries' maritime claims must comply with international maritime law."

China declared 90% of the South China Sea as its territorial waters based on the so-called nine-dash line theory. However, in 2013, the Philippines filed a lawsuit against China at the Permanent Court of Arbitration (PCA). On July 12, 2016, the PCA ruled that China's claims were historically and legally unfounded and invalid, and that China's artificial island construction in areas like the Spratly Islands was illegal and caused environmental damage, including coral reef destruction. This ruling is final and binding on the Philippines and China, and it has legal effect under Article 296 of UNCLOS and Annex 11 of its Protocol. However, China did not participate in the arbitration proceedings and declared the ruling null and void immediately after its announcement, rejecting it.

If China obstructs ships or aircraft navigating/flying in the South China Sea, oil energy supply and trade in the region, including for South Korea and Japan, could be paralyzed, potentially leading to a situation directly impacting South Korea's existence.

Separate from the South China Sea, China has installed illegal structures (steel cages, oil rigs) in the Western Sea PMZ (Provisional Measures Zone). In April 2025, the U.S. Embassy in South Korea issued a statement calling China's PMZ structures a "violation of sovereignty," and the U.S. Department of Defense reported in June 2025 that "ROK-U.S. cooperation is needed regarding China's expansion in the Western Sea." In the future, there is a possibility of expanding joint ROK-U.S. naval patrols in the Western Sea PMZ and jointly pursuing a lawsuit based on UNCLOS (United Nations Convention on the Law of the Sea).

Peace and Stability in the Taiwan Strait (Joint Response to Chinese Invasion)

The leaders of both countries agreed that "the Republic of Korea and the United States emphasize the importance of preserving peace and stability in the Taiwan Strait, encourage the peaceful resolution of issues concerning the Taiwan Strait, and oppose any unilateral change to the status quo."

Recently, in response to Japanese Prime Minister Takaichi's statement that Japan could exercise its right to collective self-defense in the event of a Taiwan contingency, which would pose a crisis to Japan's existence, the Chinese Consul General in Osaka made a statement, "I will cut off the Prime Minister's head," which is unimaginable for a diplomat in the host country, causing public outrage in Japan, and Prime Minister Takaichi's approval rating has actually increased. China has imposed various sanctions, including restrictions on tourism to Japan, but Japan is also responding sternly without backing down.

The United States has urged South Korea to join in the defense if China invades Taiwan, but with the current government not taking a clear stance, a phrase emphasizing ROK-U.S.-Japan partnership has been inserted this time. The U.S. Department of Defense has urged South Korea to participate in "Taiwan scenario" training (APEC Summit in November 2025). A September 2025 ISW report mentioned "strengthening Taiwan response with South Korea's nuclear submarine development (unapproved by the U.S.)." Recently, the U.S. has conducted encirclement exercises against China with Japan, Canada, Australia, and France, and is expected to pursue joint ROK-U.S.-Japan training regarding Taiwan (Western Sea-Taiwan linkage) in the future.

Strengthening ROK-U.S.-Japan Trilateral Partnership

"The Republic of Korea and the United States have pledged to strengthen their trilateral partnership with Japan." This is a reconfirmation of the Camp David (2023) declaration. Recently, in this regard, the U.S. Congress published a report on "Anti-Japan Risks" concerns in May 2025 and conducted trilateral exercises in September 2025.

Since the signing of the ROK-U.S. Mutual Defense Treaty in 1953, both countries have repeatedly affirmed their firm alliance and the U.S.'s commitment to South Korea's defense. In the current context of escalating U.S.-China confrontation, the security of the Korean Peninsula and Taiwan has become an urgent issue. We hope that the commitments made in the fact sheet will be faithfully implemented, leading to smooth and continuous trade and security cooperation between the two countries and further development of their relations.

Shin Dong-chun, Representative of the National Union for Free Unification, Ph.D. in Public Administration, President of the Global Aerospace Industry Association