are a socially vulnerable minority group, and the state and local governments have the duty
to protect them from being isolated from the community. Therefore, LGBTI events should
not be restricted just because there are rallies or civil complaints against them.455)
Local government administration towards minorities plays an important role in helping
citizens to recognize the social minorities as members of the society. Therefore, restricting
the LGBTI cultural events based on opinions, such as ‘why hold the queer culture festival in
Seoul Plaza, which is a public space?’ or ‘why hold the queer culture festival at a location
with many people gathering’ is giving a wrong perception that the LGBTI cultural events are
unhealthy use of leisure.456)
C) Duties and Roles of the Local Governments to Protect the Social Minorities
It is a discriminatory act of violating the right to equal rights to give preferential treatment,
exclusion, discrimination, or unfavorable treatment to a specific person in connection with
the supply or use of goods, services, commercial facilities, and land on the grounds of sexual
orientation without reasonable grounds. In 2011, the UN Human Rights Council adopted a
resolution demanding equal rights for homosexuals regardless of their sexual orientation or
gender identity,457) and Korea has voted in favor of each resolution of the UN Human Rights
Council.
The queer culture festival began as a protest against the American society that was hostile
towards LGBTI people and to honor the human rights and dignity of LGBTI people. Since
then, it has spread to Europe, the Americas, Asia, and Africa, and is now held annually in
about 150 cities. The queer culture festival is meaningful as a movement in which sexual
minorities can escape from a sense of isolation and feel a sense of community and pride by
affirming each other’s existence through the practice of making visible their differences and
existence in public places.
455) Human Rights Commission of Seoul, Recommendation on Denying the Non-Profit Corporate Status of the Seoul
Queer Culture Festival Organizing Committee, Nov. 2021.
456) Kim, Ji-hye, A Good Discriminator, 2019
457) UN Human Rights Council, Human rights, sexual orientation and gender identity, 2011. 7. 14.(UN Doc. A/HRC/RES/
17/19)
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