Won Min-kyong, nominee for gender equality minister, speaks to reporters at the Korea Youth Work Agency in Seodaemun-gu, western Seoul, on Aug. 18. (Yonhap)
Won Min-kyong, nominee for gender equality minister, speaks to reporters at the Korea Youth Work Agency in Seodaemun-gu, western Seoul, on Aug. 18. (Yonhap)

Korea still lacks legal grounds to punish discrimination

A long-stalled anti-discrimination bill is back in the national spotlight after Won Min-kyong, President Lee Jae Myung’s nominee for gender equality minister, pledged to make its passage a priority.

The legislation, first proposed in 2007 under the Roh Moo-hyun administration, seeks to hold individuals and institutions legally accountable for discriminatory remarks, decisions and actions. It is designed to prevent bias on the basis of gender, disability, age, origin, ethnicity, race, physical condition or sexual orientation, while prohibiting both direct and indirect forms of exclusion. Those found in violation could face punitive damages.

For nearly two decades, however, the bill has faced strong resistance — particularly over the inclusion of sexual orientation. Conservative religious groups argue that the measure could infringe on religious freedom and effectively endorse homosexuality, fueling controversy that has repeatedly stalled its progress.

With her confirmation hearing scheduled for Aug. 18, Won has underscored the urgency of comprehensive protections. “Enacting the anti-discrimination law is important for all members of our society to respond to unjust discrimination and protect the human rights of those in vulnerable groups,” she told reporters.

She added that the debate should be reframed around constitutional guarantees of basic rights: “No one in our society becomes happier by discriminating against others. There might be misunderstandings about the bill, but I hope we can revisit it from the perspective of constitutional values.”

Advocates say the bill is necessary to close gaps left by existing sectoral laws that ban discrimination in political, economic, social and cultural spheres but fall short of addressing the full range of cases. After 18 years of delays, Won’s public backing has reignited debate over whether South Korea is ready to adopt a comprehensive framework for equality.

Anti-discrimination bills have been proposed seven times since 2007, but none made any meaningful progress — all were either withdrawn or discarded — due to opposition from conservative politicians and religious groups.

After the National Human Rights Commission of Korea advised the enactment of the anti-discrimination law in June 2020, the lawmakers of the 21st National Assembly proposed four related bills. But all were again discarded when the legislative term expired.

President Lee, during his election campaign, also expressed the necessity of the anti-discrimination law, saying that turning a blind eye to discrimination based on specific factors is unacceptable.

Lee in May also explained that the immediate legislation of the anti-discrimination law needs to be approached with caution.

Lee stated that if the bill becomes a new subject of debate and deepens conflicts, it will be difficult for the government to carry out the tasks that need to be addressed immediately.

In June, tensions over LGBTQ+ rights resurfaced around the Seoul Queer Culture Festival, after the Seoul Metropolitan Government denied organizers access to Seoul Plaza for the third consecutive year. Despite the setback, an estimated 30,000 people joined the festival on June 14, while more than 15,000 members of religious groups staged counter-rallies, calling for an end to the event and protesting homosexuality.


sj_lee@heraldcorp.com