Index Survey conducted in 19 countries in 2017, 25% of the respondents (infected persons) experienced stigma and discrimination in the health care system, and experienced high levels of prejudice and discrimination. In the case of the infected people, it was found that the treatment was delayed more than 2.4 times as compared to non-infected people. A partially amended bill to the ‘Prevention of Acquired Immunodeficiency Syndrome Act’ (hereinafter as “AIDS Prevention Act”)493) was proposed in the National Assembly in 2020 to prevent medical personnel or medical institutions from refusing treatment or discriminatory treatment of HIV-positive persons without justifiable grounds, but it is still pending. The issue of the HIV-related legislation is also raised. On Oct. 24, 2022, the NHRCK decided to submit an opinion that the case pending with the Constitutional Court (2019HunGa30) on Article 19 of the AIDS Prevention Act, stating that the concerned provision is unconstitutional, in violation of the principle of clarity and proportionality, as well as the general freedom of action and privacy of people living with HIV.494) This provision, enacted in the 1980s, stipulates that “no infected person shall perform any act of carrying and spreading AIDS to another person through blood or body fluids,” and violation will result in imprisonment for up to three years in accordance with Article 25(2) of the same Act. However, it is criticized for punishing even cases where there is no medical risk of infection or when the other party has not reached infection. B) Issues of Prejudice and Stigma on HIV The main routes of transmission of HIV are sexual contact, transfusion of infected blood, sharing of contaminated syringes, and vertical transmission. Medically, there is no risk of infection through everyday life such as shaking hands, hugging, kissing, or eating. Moreover, if an infected person receives continuous treatment and maintains an undetectable level of 492) Joint UN Program on HIV/AIDS 493) Co-Sponsored by 10 representatives, including Rep. Lee, Jeong-mun, Bill No. 2100105, Jun. 3, 2020. 494) NHRCK, Submitting opinion to the Constitutional Court on unconstitutionality of Article 19 of the AIDS Prevention Act, Decided on Oct. 24, 2022, Commissioners Lee Chung-sang and Han,Seok-hun submitted an opposing opinion, stating the said provision is not in violation of the principles of clarity and proportionality. 204