South Korea marks 20 years since anti-discrimination law recommendation, advocates push for passage

Two decades after the National Human Rights Commission first recommended the enactment of a comprehensive anti-discrimination law, advocates are intensifying efforts to see it passed, arguing it is crucial for addressing deepening discrimination in South Korean society. A recent academic conference highlighted the persistent legal gaps that prevent adequate protection for various forms of discrimination.

“

If a comprehensive anti-discrimination law is enacted, it can prevent the frequent institutional gaps that arise from discrimination being divided by reason.

Lawyer Kim Du-na of the Public Interest Lawyers' Group HOPE presented an analysis of labor law deficiencies, explaining that the current system is fragmented. Existing laws, such as the Equal Employment Opportunity and Work-Family Balance Assistance Act, address gender discrimination, while others cover employment types or nationality. However, these individual laws exclude discrimination based on factors like sexual orientation, gender identity, race, or medical history, leaving victims without legal recourse.

Kim argued that the current framework, primarily based on the Labor Standards Act, also struggles to address workplace harassment effectively. The law's requirements for a "superior position" or actions exceeding "reasonable business scope" make it difficult to penalize harassment between colleagues or by those not in a direct supervisory role. Furthermore, many labor laws only apply to individuals classified as "workers" under the Labor Standards Act, excluding platform workers and others from crucial protections.

“

These individual laws exclude discrimination based on factors like sexual orientation, gender identity, race, or medical history, leaving victims without legal recourse.

International pressure is also mounting. Park Ju-young, a researcher at the Labor Lawyers' Rights Center, noted that international human rights organizations have consistently recommended the enactment of a comprehensive anti-discrimination law since 2007. The UN Human Rights Council's periodic reviews have also seen numerous countries urge South Korea to adopt such legislation, indicating growing international consensus on the issue.

“

Since 2007, after the National Human Rights Commission announced its policy recommendation for the enactment of a comprehensive anti-discrimination law, international human rights organizations have recommended its enactment almost every year.

In response, the Coalition for the Enactment of Anti-Discrimination Legislation is planning public engagement activities. Jang Ye-jeong, a co-executive director of the coalition, announced plans for street campaigns and online initiatives in the latter half of the year. These efforts aim to educate the public about the necessity and function of an anti-discrimination law, counter misinformation, and build broader societal support for its swift passage.

“

We will continue activities to persuade people about the role of the anti-discrimination law in society and why it needs to be enacted quickly, beyond just 'it is necessary'.