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. 189

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