B) Criticisms on the Discriminatory Administration of Local Governments
The Constitution stipulates that “all citizens are equal before the law, and no one shall be
discriminated against in all areas of political, economic, social, and cultural life based on
gender, religion, or social status,” and therefore, it is only natural that LGBTI people should
be guaranteed human rights. Moreover, cultural events for sexual minorities, such as the
queer culture festival and the queer women's sports festival, have significance as a means of
realizing the fundamental rights of sharing and exchanging opinions with others despite the
environment where the minorities have difficulty revealing themselves. However, local
governments are being criticized for their various administrative actions being discriminatory
and illegal.
Some repeatedly raise questions about sexual minorities’ cultural events on the grounds of
“sensationalism” and “promiscuity.”451) However, such civil groups are prejudiced and
discriminatory in that they accept the exposure of the body or the expressions of affection
between the opposite sexes at other events, such as soaking shows or water gun festivals, but
oppose only when sexual minorities perform similar acts, citing morality and ethics.452)
Under the principle that freedoms of association and expression cannot be restricted unless
it falls under ‘a clear case that poses a direct threat to public peace and order,’453) even if the
queer culture festival's display and sale of certain objects and paintings and certain exposure
and expressions are somewhat ‘sensational,’ the event cannot be banned for this reason.
It is also worth paying attention to the opinion that the act or expression is based on social
prejudice toward sexual minorities, which concludes that the act or expression is obscene or
decadent because the subject and the host of the festival is LGBTI, even though it is clear that
it is not a reason to deny the permission to use Seoul Plaza.454)
The local governments have restricted cultural events for LGBTI people, at least on the
surface, for the reasons of social conflicts and civil complaints. However, sexual minorities
451) Christian Times, Opposing the Decision of Seoul Plaza to Allow Queer Culture Festival, Jul. 8, 2022.
452) Commentary by Rainbow Action Against Discrimination Against LGBTI, Feb. 15, 2021.
453) Constitutional Court, Decided on Jan. 28, 1992, 89HunGa8
454) Seoul Metropolitan Government, “Decisions of the Human Rights Officer of Seoul Metropolitan Government
(2019),” Referring to expert opinions, 2021.
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