Reasons for Proposal
Reason for proposal
Article 11(1) of the Constitution states the principle of equality by prescribing that “All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social, or cultural life on grounds of sex, religion, or social status.”
Although aversion and discrimination are expanded in various areas of our society, it is difficult to regulate such adequately based on current individual acts; a general act is required to prevent discrimination and to realize practical equality in areas of employment, supply/use of goods/services, education, and public service.
Recommendation for the establishment of the act have been made for several years by international societies as well as the United Nations Human Rights Council (UNHRC). The National Human Rights Commission also recommended the establishment of the act to the National Assembly in 2006 and 2020. Moreover, the situation survey conducted by the National Human Rights Commission in 2020 showed that 90% of the people agree to the establishment of an equality act, and social consensus for the establishment of the act is deemed to have matured sufficiently.
Therefore, the aim to uphold human dignity and equality by prohibiting discrimination in every area of political, economic, social, and cultural life, by practically relieving damages from discrimination, and by preventing discrimination with the establishment of the Act on Equality and Anti-Discrimination.
Main contents
A. The purpose of the Act is to uphold the dignity and equality of human beings by prohibiting discrimination in every area of political, economic, social, and cultural life, by effectively relieving damages from discrimination, and by preventing discrimination (Article 1 of the draft).
B. The Act declares that all citizens shall not be discriminated against on grounds of gender, medical history, age, country of origin, people of origin, race, skin color, area of origin, physical condition such as appearance and genetic information, marriage, pregnancy or childbirth, family type and family situation, religion, ideological or political opinion, criminal history, sexual preference, sexual identity, academic background, employment type, social prestige, etc. but shall have dignity, value, and equal right as human beings in every area of employment, supply or use of goods and services, education, and use of public service (Article 2 of the draft).
C. The concept of discrimination is defined as the action to separate, distinguish, restrict, exclude, or disadvantageously treat individuals or groups on grounds such as gender, medical history, age, country of origin, people of origin, race, skin color, area of origin, physical condition such as appearance and genetic information, marriage, pregnancy or childbirth, family type and family situation, religion, ideological or political opinion, criminal history, sexual preference, sexual identity, academic background, employment type, social prestige, etc. (Article 4(1) of the draft)
D. The case of indirect discrimination wherein the action appears as if a neutral standard is applied but the standard causes a disadvantageous result to specific groups or individuals or the case of advertisement action to express or encourage bullying or sexual harassment by reason of gender, etc., or separation, distinguishment, exclusion, or disadvantageous treatment of specific individuals or groups is deemed an act of discrimination (Articles 4(2) through 4(5) of the draft).
E. Unavoidable cases due to the properties of a specific job or implementation of a project, cases of temporary favorable treatment of specific individuals or groups to relieve the existing discrimination, and cases wherein the action is not deemed discrimination in accordance with established or revised policies, established or executed policies, or other acts for such purpose are not deemed discrimination (Article 4 of the draft).
F. The country and local governments shall survey, study, and correct existing acts and subordinate statutes, ordinances & rules, various systems, and policies that run counter to the Act and, in this case, shall hear the opinions of the National Human Rights Commission (hereinafter referred to as the Commission) (Article 9 of the draft).
G. The President shall establish a master plan for the correction and prevention of discrimination every five years (Article 10 of the draft), and the heads of central administrative agencies, special cities, metropolitan cities, special self-governing cities, and special self-governing provinces shall establish yearly execution plans to fulfill the master plan and shall take the necessary administrative and financial measures (Article 11 of the draft).
H. The areas of discrimination are divided into employment, supply or use of goods/services, education and job training of educational institutions, and supply and use of administrative and legal procedure and service, and matters on the types of discrimination and preventive measures in each area are stated (Articles 12 through 31 of the draft)
I. The sufferer, etc. may make a petition on the damage from discrimination under the Act to the Commission, which in turn may issue a correction order to the person who did not make a correction without any justifiable reason after receiving a recommendation for the correction and, in case of non-execution of the correction order, may impose enforcement levy (Articles 32 through 35 of the draft).
J. If the respondent does not execute the decision of the Commission without any justifiable reason, and the case is deemed serious, the Commission may support the lawsuit and submit its opinion to the justice department if the trial is underway, and the sufferer of discrimination may request the Commission to submit opinions in certain cases (Article 38 and Article 39 of the draft).
K. The court may order taking temporary measures including suspension of discrimination until the judgment of the case upon the request of the sufferer; if the discrimination is deemed malicious and damage is sustained by the sufferer of discrimination, the amount of compensation for damage may be decided in the range of not less than three (3) times and not more than five (5) times the amount of loss (Article 40 and Article 41 of the draft).
L. When solving the dispute in relation to the Act, the fact that there was an action subject to the judgment of discrimination shall be proven by the person who asserts that he/she was discriminated, and it shall be proven by the counterpart that the action was not taken on grounds of gender, etc. or that there was proper reason, in order to distribute the burden of proof (Article 42 of the draft).
M. The person who asserts that he/she was damaged by discrimination in employment may request the employer or appointment authority holder to disclose the information on related data, and the employer or appointment authority holder shall not refuse such request (Article 43 of the draft).
N. The employer, etc. shall not take disadvantageous measures in relation to prestige or treatment on grounds that the person asserting that he/she was discriminated against and related persons made a petition, etc. to the Commission, and the fact that the corresponding disadvantageous measures were not made on grounds of such petition, etc. shall be proven by the counterpart (Article 44 of the draft).
