9. The NHRCK has made efforts continuously toward legislating a comprehensive antidiscrimination act since it recommended the enactment of it to the Prime Minister in 2006.7
In particular, in June 2020, the NHRCK proposed a model draft of the Equality and Antidiscrimination Act to the National Assembly, requesting the immediate legislation thereof.8
On the government side, the Ministry of Justice proposed the anti-discrimination bill to the
17th National Assembly in 2007, but the bill was struck down due to the expiration of the
National Assembly session.9 Since then, the Government has not taken a clear stance on antidiscrimination legislation. As of law, four anti-discrimination bills proposed by lawmakers
are pending in the 21st National Assembly. In May 2022, the Legislation and Judiciary
Committee of the National Assembly held a public hearing, for the first time, on the pending
bills of anti-discrimination legislation. However, the ruling party did not participate in the
hearing, and the legislation of the anti-discrimination act has not yet made further progress.
10. Proposed recommendation: The State party should strengthen its national human rights
protection system through the prompt legislation of the comprehensive anti-discrimination act
and the Framework Act on Human Rights Policy. In addition, the State party should put a
stop to the movement to abolish local human rights ordinances based on discriminatory
perceptions and draw up plans to strengthen local human rights policy and mechanisms.
B. Application of International Human Rights Treaties in Court
11. Under Article 6 (1)10 of the Constitution of the Republic of Korea, the international
human rights treaties ratified by Korea have the same effect as the domestic laws of the
country. Although cases requiring the application of international human rights treaties are
not often raised in national courts, the invocation of international human rights treaties has
grown gradually over the past 30 years.11 Yet it is consistently pointed out that the judiciary
is generally unfamiliar with international human rights treaties and has a lack of awareness of
the normativity of such treaties.12
12. Proposed recommendation: The State party should increase research on the application
of international human rights treaties in national courts; develop and disseminate relevant
working materials and guidelines; and expand education on such application within the
judiciary.
Issue 3. National Human Rights Institution
13. The Government said in its 5th periodic report that the National Human Rights
Commission Act was amended in February 2016 in order to solicit nominations and advice for
candidates for the NHRCK commissioners from various social groups; establish specific
qualification criteria for NHRCK commissioners; and exempt the NHRCK commissioners
4