National Human Rights Commission of Korea Annual Report 2019
the repair work schedule was determined in consultation with the corporation, and the office was
not involved in cancelling the space approval.
The Commission found that the corporation was influenced by complaints on an event
organized by a sexual minority group, scheduled the repair work to fall on the day the petitioner
had a reservation, and then cancelled the petitioner’s reservation. And though the corporation
helped a kindergarten, which had a reservation on the same day, reschedule their event, it did not
do so for the petitioner. Thus, it concluded that the petitioner was discriminated against for reason
Part 2
of sexual orientation.
Club entry denied by reason of race and color
With respect to an Indian-American denied entry into a club, the Commission recommended on
July 22 that the club improve its business policy to ensure that customers are not denied entry for
reason of race and color.
The International Convention on the Elimination of All Forms of Racial Discrimination
guarantees the right of access to any place or service intended for use by the general public, without
distinction as to race or color. The club argued that it was denying access to foreigners because of
safety reasons. However, entry was denied only to the petitioner, but not to the Korean American
friend who was with him. The Commission determined this to be an act of discrimination based
on race and color. Though the club operator has the freedom to manage the facility in the way he/
she sees fit, the same freedom does not provide unlimited guarantee to exclude certain groups
of people without a justifiable reason, and thus does not justify discrimination based on race and
color.
The club refused to accept the recommendation. By disclosing the club’s non-acceptance of the
recommendation, the Commission highlighted the principles of the Convention and informed the
public that no groups of people should be excluded from accessing a facility, even though it is a
commercial one.
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Key Activities
I. Discrimination Based on Race and Color