Executive Summary: "This report is intended to inform the upcoming meetings of the OECD Investment Committee in Paris, France in 2009. It documents substantive errors in the Korean NCP?s interpretations of the OECD Guidelines, and its failure to achieve functional equivalence with other NCPs. EarthRights International (ERI) and the Shwe Gas Movement (SGM) request the Investment Committee to address the governance gap within the OECD Guidelines system of implementation by acknowledging the Korean NCP?s errors in interpretation, and by clarifying certain aspects of Guidelines with respect to the Korean NCP?s decision in the Shwe case. Chapter 1 provides an updated context of the situation in Burma, highlighting the environmental and human rights, political, and economic situations, with particular attention to updates on the impacts of natural gas development in the country. Chapter 2 describes the OECD Guidelines specific instance procedure and the complaint filed by ERI and SGM et al. in October 2008. Chapter 3 explains structural shortcomings and conflicts of interest at the Korean NCP, noting that these are problems that appear to pervade the NCP system, raising important questions about the ability of the Guidelines to have their desired effect. Chapter 4 describes specific substantive problems with the Korean NCP?s decision in the Shwe case, noting how the NCP decided in favor of the companies on every count, concluding that the complaint did not merit further attention. Chapter 5 highlights the ways in which the Korean NCP?s decision is inconsistent with decisions of other NCPs, most notably with decisions by the French and UK NCPs. Chapter 6 makes specific requests of the OECD Investment Committee with respect to clarifying certain aspects of the Guidelines and taking effective action to improve the performance of the Korean NCP. Appendix A of this report is an unofficial English translation of the Korean NCPs decision. The text of the complaint filed by ERI and SGM et al. is available at www.earthrights.org."