|Chapter 2| Concept and Types of Hate Speech
Legislation that defines harassment includes the Act on the Prohibition
of Discrimination against Persons with Disabilities and the Labor Standards
Act. The Act on the Prohibition of Discrimination against Persons with
Disabilities defines “harassment” as “physical, mental, emotional, or verbal
acts committed against a person with a disability in the form of organized
exclusion, neglect, abandonment, aggravation, harassment, abuse, monetary
extortion, and infringement on the right to sexual self-determination” (Article
3, No. 21), and considers “activities to ostracize persons with disabilities or
persons related to persons with disabilities or derogatory verbal expressions
or conducts which might cause offense or disparagement in schools, facilities,
workplaces, local communities, etc. on the basis of disability” (Article 32,
No. 3) as prohibited behavior. The Labor Standards Act defines appropriate
measures as the rights of employees and employers in cases of workplace
harassment (Article 76-2, Article 76-3).
In addition, the Seoul Ordinance of Student Rights states that “Founders,
management staff, principals, teachers and students of schools should not
violate the rights of others through discriminatory words and actions and
hateful expressions according to the reasons stated in Article 1” as a right not
to be discriminated against (Article 5) (Article 5, No. 3). This can be regarded
as forbidding principals, staff, and students from expressing hate speech, and
also prohibits bullying in schools.
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