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A bill prohibiting discrimination on the grounds of gender, disability, sexual orientation, etc. was proposed to the National Assembly under the name of the 'Equality Act'.
This is a bill containing the purpose of legislation previously known as the ‘Comprehensive Anti-Discrimination Act’. In Korea, related bills have been proposed several times since 2007, but have not passed the National Assembly.
This time again, there remain differences of opinion surrounding the protection provisions for sexual minorities and freedom of religion and expression, so attention is focused on whether this will lead to actual review and processing of the bill.
What is ‘Equality Act’?
On the 11th, Democratic Party lawmaker Park Joo-min held a press conference with the Anti-Discrimination Law Enactment Solidarity and the Korean Federation of Women's Organizations at the National Assembly and announced that he had proposed a bill on equality.
Including Rep. Park, 12 lawmakers from the Democratic Party, the Fatherland Innovation Party, the Progressive Party, and the Basic Income Party participated in the motion.
Rep. Park explained that in order to realize the equality guaranteed by the Constitution, a law is needed that covers discrimination that is not covered by existing laws.
“Article 11 of the Constitution promises that there will be no discrimination in all areas. However, the law still keeps that promise only in a few areas and for a few reasons,” he said. “A comprehensive general law is needed to fill the gaps.”
The bill prohibits unfavorable treatment of specific individuals or groups without reasonable grounds in four areas: employment, supply and use of goods and services, education, and administrative services. Reasons for discrimination included gender, disability, age, race, religion, education, employment type, sexual orientation, and gender identity.
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For example, exclusion from employment or refusal to use services due to sexual orientation may be subject to legal judgment.
Even if the same standards are applied to everyone on the surface, it results in unfavorable results for certain groups, and if the rationality and legitimacy of the standards are not proven, it is judged as discrimination. ‘Compound discrimination’, where two or more reasons for discrimination overlap, is also judged by considering the individual reasons together.
It also includes the government's role in preventing discrimination. The state and local governments must investigate and correct existing laws and policies that do not meet the purpose of the law, and the President has established a basic plan for correcting and preventing discrimination every five years based on the recommendations of the National Human Rights Commission.
What is different from the previous bill?
This bill 'relaxed' some sanctions compared to the bill proposed by Rep. Park in the 21st National Assembly.
The provision for punitive damages was excluded, and imprisonment and fines, which were supposed to apply to retaliation against people who raised discrimination issues, were changed to fines. If the corrective order is cancelled, the enforcement fee already paid will be refunded.
Rep. Park said, “Based on what I experienced during the 21st National Assembly, I decided that this kind of change was necessary for it to be passed,” but added, “There may be changes during the bill review process.”
Procedures for correcting discrimination and providing relief for damage were included in the bill.
If the Human Rights Commission's recommendations for correction are not implemented, a correction order may be issued, and if the recommendation is not followed, a fine to enforce compliance may be imposed. The court may order temporary measures, such as stopping discrimination, or hold the person liable for damages. If the issue is serious, the Human Rights Commission has also prepared grounds to support lawsuits.
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Discussions on enacting a comprehensive anti-discrimination law in Korea have continued since the National Human Rights Commission of Korea's legislative recommendation in 2006. The Ministry of Justice promoted legislation during the Roh Moo-hyun administration in 2007, but it did not lead to enactment.
Under the Lee Myung-bak administration, a special subcommittee on anti-discrimination law was established, and under the Park Geun-hye administration, it was included in the national agenda. Afterwards, it was excluded from national tasks under the Moon Jae-in administration and from the basic national human rights policy plan under the Yoon Seok-yeol administration.
Related bills were proposed more than 10 times in the National Assembly, but failed to pass the plenary session. Many of them were abolished upon expiration of the term of office of the National Assembly.
This is not the first time the name ‘Equality Act’ has been used. In the 21st National Assembly, bills with a similar purpose, such as the 'Act on Equality', were proposed, but they were scrapped due to the expiration of the term.
What issues remain?
In this bill, opinions are divided over provisions prohibiting discrimination based on sexual orientation and gender identity.
Some Christian groups argue that the provision could limit freedom of religion, conscience, and expression, as well as parents' right to education. Christian groups such as 'Holy Breakwater' held a press conference opposing the bill at the National Assembly on the 11th, when it was proposed.
Regarding this, Rep. Park emphasized that “the Equality Act does not contain any provisions regulating preaching from the pulpit,” and did not include any provisions regarding criminal punishment.
Even within the religious community, there are voices supporting the enactment of the law. Pastor Hyejin Jeong, who attended the initiative's press conference, said, "We do not believe that we should restrict the rights of others in order to preserve our faith."
Civic groups calling for legislation urged the National Assembly to conduct discussions through review of the bill.
Jang Ye-jeong, co-executive director of the Anti-Discrimination Law Enactment Solidarity, said, “Academia and civil society have already had countless discussions like this,” and added, “I hope that these discussions take place within the National Assembly procedures, not outside the National Assembly.”
In the 22nd National Assembly, the Progressive Party and the Fatherland Innovation Party also proposed related bills. This is the first representative motion by a Democratic Party member. However, this proposal does not mean that the Democratic Party will pursue legislation.
At a press conference on the 30th of his inauguration, President Lee Jae-myung said, "The anti-discrimination law is one of the important tasks of our society, but the people's livelihood and economy are more urgent."
Rep. Park said he would use this motion as an opportunity to discuss it with the party leadership. Regarding the prospects for passing the bill, he said, “I don’t think it’s all bleak,” and “I have an opportunity to have a conversation with the leadership in the House.” Rep. Park plans to meet with civic groups and hold discussions in the future.
The bill must be submitted to the Legislation and Judiciary Committee of the National Assembly, undergo review, and be passed at the plenary session.
