The Report on Human Rights Situation in the Republic of Korea
On the other hand, some media and groups argue that the comprehensive
anti-discrimination act and the Equality Act currently under discussion can overly
restrict the freedom of expression, and the provisions related to sexual orientation
needs ‘social consensus.’ Also, more than 100,000 people agreed with the petition
to oppose the legislation of the Equality Act.
B) Need to Enact the Equality Act
Currently in Korea, different laws regulate discrimination based on disability,
gender, age and the specific types of employment. However, individual laws
cannot improve the realities of diverse discriminations. Individual identities are
composed of diverse properties, including gender, age and disabilities, etc., and
they overlap in real life. Therefore, a law that can comprehensively interpret this
diverse discrimination is needed.
The integration of laws that regulate discrimination is a worldwide trend. Most of
the OECD member countries already have the Equality Act. The UK enacted the
[Equality Act] in 2006 to more effectively respond to the problems of discrimination,
when it had different laws and agencies dealing with different types of discriminations.
Some argue that the Equality Act will violate the individual’s freedom of
expression or religion and may cause reverse discrimination. However, the
Equality Act is legislation to materialize the concept of equality in the Constitution
and does not go against the individual’s freedom of expression or religion. We can
fully enjoy the freedom of expression when we can express our identity or opinion
without the fear of being isolated or excluded from the most important spaces in
our lives.
The proposed Anti-Discrimination Act and the Equality Act do not intend to
intervene in people’s private lives, and the proposed Equality Act by the NHRCK
does not prescribe criminal penalty for acts of discrimination. Religious activities,
such as worship service, mass, Buddhist ceremony and evangelism are not dealt
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