National Human Rights Commission of Korea Annual Report 2021
The Commission also concluded that legislation is needed to protect gender minority rights,
given that at the end of 2021, same-sex marriage is recognized in 30 countries, same-sex
partnerships are institutionally recognized in about 30 countries, and discrimination based on
gender and sexual orientation is not allowed under the Constitution and the International Covenant
on Civil and Political Rights.
A law is also needed that provides for new forms of partnership relations outside the scope of
marriage or blood ties, their effects and registration. Also, family policies should be more reflective
of actual changes so that blind spots in legal protection can be addressed and effective guarantees
granted to gender minorities. Based on these considerations, it recommended early deliberation
and passage of the proposed partial amendment to the Framework Act on Healthy Families to
accommodate family diversity, and prevent prejudice and discrimination against gender minorities.
3. Key Opinions Expressed6)
A. Opinion expressed on Bill on the Prevention, Protection of
Victims, Etc. of Human Trafficking-Exploitation
On February 18, the Commission expressed opinion to the chair of the Gender Equality and
Family Committee of the National Assembly regarding the Bill on the Prevention, Protection of
Victims, Etc. of Human Trafficking-Exploitation, stating that certain terms in the bill should be
reviewed because, while the definition of “trafficking in persons” in the United Nations Protocol
to Prevent, Suppress and Punish Trafficking in Persons captures the conceptual indicators of
purpose, means, and acts of exploitation, the proposed bill only uses the concept of exploitation
and introduces the new term “human trafficking and exploitation,” possibly causing confusion; the
bill should specify who determines identification of human trafficking victims and the procedures
to protect them; because human trafficking for the purpose of labor exploitation is as important
and serious a problem as human trafficking for the purpose of sexual exploitation, public officials
in charge of labor affairs should be educated and trained so that they have a good understanding of
human trafficking and the competence to identify victims.
6) See Annex for the list of opinions expressed.
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