National Human Rights Commission of Korea Annual Report 2021 ■ Hate speech against gender minorities by a local councilor On September 2, the Commission expressed opinion to the speaker of a local council that local councilors should be cautioned not to use hate speech against gender minorities and that the council should come up with measures to prevent hate speech. Regarding a petition (21-jinjeong-0016500) that a local council member made hate speech against gender minorities by saying “I don’t like homosexuality and homosexuals,” “I don’t understand why our children are taught to understand that homosexuality is okay, that it’s normal and not a problem. I think it is encouraging homosexuality,” the Commission dismissed the petition on the ground that it is hard to conclude that the statement caused any damages to anyone and thus the petition is not a matter of investigation by the Commission. However, based on conclusion that the petitionee’s act could be a cautionary tale in preventing similar occurrences in the future, the Commission expressed opinion in accordance with Paragraph 1, Article 25 of the NHRCK Act. The Commission concluded that the hate speech statement, which described gender minorities as being abnormal and deviant, does significant harm to the society as it not only causes gender minorities to feel vulnerable, fearful and frustrated, but also spread a negative view of them. It also concluded that the statement denies that homosexuals’ sexual orientation is an inherent part of who they are, instead describing it as an attribute that is changeable and controllable depending on the environment. This not only intensifies the prevalent bias against gender minorities, but also denies the right to sexual self-determination of gender minorities that already exist in the educational community. Notably, considering that local councilors are in a position of influence, their hate speech risks misleading people into believing that hatred and bias against gender minorities are approved in the local community. This, in turn, can encourage collective actions and even hate crime against gender minorities. 56