has assigned to them. For example, the same physical conditions may be
considered a disability in one society, but may not be considered a disability in
another society. In addition, the target group of hate speech may vary in time and
space.
Reasons are given for the prohibition of discrimination under the Constitution
and the definition of discriminatory activities under the National Human Rights
Commission Act. Reasons for the prohibition of discrimination are also used to
define hate crimes, which are crimes based on hostility or prejudice towards a
certain group. Considering international standards and current events in Korea,
discrimination based on race, gender, disabilities, religion, sexual orientation, age,
and birthplace is prohibited.
Such discrimination is not temporary, but has accumulated over the course of
history. Although the target group of hate speech and discrimination may vary in
time and space, members of the target groups can be identified.
The characteristics of target groups of hate speech are generally given according
to the universal ideas of discrimination, including racism and sexism. For example,
the target groups of hate speech towards disabilities are not limited to those
with disabilities under the “Act on Welfare of Persons with Disabilities,” but also
include those who have difficulties in completely and effectively participating in
society due to long-term physical, mental, intellectual, or sensual damage. Further,
discrimination based on gender does not only include discrimination based on
the typical gender roles and gender expressions of men and women, but also
includes intersex people who may have no typical physical sexual characteristics,
and transgender people whose sexual identity does not match their sex at birth.
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