Introduction
1.
The National Human Rights Commission of Korea (“NHRCK”) hereby submits this report to
the Pre-sessional Working Group prior to the 8th Review of the periodic report of the Republic of
Korea by the Committee on the Elimination of Discrimination against Women (“CEDAW”).
2.
As an independent human rights institution, and by presenting these 11 issues, the NHRCK
wishes to provide the Working Group with impartial opinion and information for reference in
preparing the List of Issues.
Issue 1: The absence of an anti-discrimination law
Current situation
3.
The NHRCK recommended the Government to enact an anti-discrimination law on 7. 24.
2006, however, the Government proposal was not adopted at the end of the 18th session of the
National Assembly. The bill was brought before the National Assembly on motions by several
members of the National Assembly, but it never passed while no Government proposal was made.
The NHRCK has again recommended the Government to enact a comprehensive anti-discrimination
law when the Commission made a recommendation on the third National Action Plan for the
Promotion and Protection of Human Rights (“NAP”, 2017~2021) in July 2016. In addition, the
Human Rights Committee expressed concern and made recommendations as follows after the review
of the fourth periodic report by of the Republic of Korea in November 2015.
a.
“While noting the existence of a number of individual laws prohibiting specific forms of
discrimination, the Committee is concerned that comprehensive anti-discrimination
legislation is lacking. It is particularly concerned about the current lack of legislation
defining and prohibiting racial discrimination and discrimination on the grounds of sexual
orientation or gender identity.” (para. 12)
b.
“The State party should adopt comprehensive anti-discrimination legislation, explicitly
addressing all spheres of life and defining and prohibiting discrimination on any ground,
including race, sexual orientation and gender identity. The legislation should impose
appropriate penalties for direct and indirect discrimination committed by both public and
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