National Human Rights Commission of Korea Annual Report 2021
The Commission expressed the view that the Queer Cultural Festival, regarding which
the petitionee called for the right to reject to be exercised, is the result of a long history of
discrimination against gender minorities and is meaningful in that it liberates gender minorities
from a sense of isolation and moves them to one of belonging and pride as they come out and
acknowledge themselves in a public venue for visibility.
The Commission saw a need for party code of ethics to incorporate measures against hate speech
because the petitionee’s statement did constitute hate speech, hate speech expressed by politicians
in election periods is likely to spread quickly, and political parties have the responsibility to
prevent and combat hate speech against gender minorities and other socially marginalized groups.
The Commission also advised the National Election Commission to consider actions to prevent
and combat hate speech by electoral candidates, and to promote respect for diversity, which is the
foundation on which democracy rests.
■ Hate speech by local government public officials against gender minorities
On July 22, the Commission expressed opinion to the mayor of a municipal government that the city’s
public officer service regulations should be revised to stop hate speech against gender minorities and
other socially vulnerable groups, and ensure that public officials have a clear understanding of the new
regulations.
Regarding a petition (21-jinjeong-0178600) that the statements made in 2019 and 2021 by
local government - officials in opposition to the Queer Cultural Festival are discrimination based
on sexual orientation and hate speech, the Commission dismissed it on the ground that, though
the statements may constitute hate speech, it is hard to conclude that they caused any damages to
anyone and, as such, it is not a matter of investigation by the Commission. However, in accordance
with Paragraph 1, Article 25 of the NHRCK Act, it expressed opinion based on conclusion that
such statements can manipulate negative views and prejudices against gender minorities.
The Commission expressed the view that hate speech by public officials can have more widereaching effects than what ordinary people say because their statements carry greater authority,
can generate a stronger sense of fear among members of targeted groups, and can lead to a higher
degree of acceptance of the ideas they deliver to other groups. It also stated that by making the
statements two times, the public officials not only planted negative prejudices against gender
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