The Constitution states “all citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status.” However, discrimination still occurs in many areas, and victims are not properly protected from discrimination, if any, as there is no suitable remedy.

In this regard, this Act aims to fulfill the philosophy of the Constitution, which pursues equality across political, economic, social, and cultural areas, and introduce effective discrimination remedies to promote a quick and practical cure for the underprivileged, who account for a majority of discrimination victims, by legislating a comprehensive and effective Anti-Discrimination Act, which can prohibit and prevent any discrimination without reasonable grounds based on gender, disability, age, language, country of origin, ethnic origin, race, nationality, skin color, region of origin, physical conditions like appearance, marital status, pregnancy or childbirth, type and state of family and household, religion, ideology or political opinion, criminal record with lapsed criminal sentence, sexual orientation, gender identity, education level, type of employment, medical history or health condition, and social status across political, economic, social, and cultural areas and effectively address its complex nature.

Details

A. As a discrimination-specific act for the underlying and current National Human Rights Commission of Korea Act, clarify the meaning and determination criteria of discrimination by specifying anti-discrimination reasons into gender, disability, age, language, country of origin, ethnic origin, race, nationality, skin color, region of origin, physical conditions like appearance, marital status, pregnancy or childbirth, type and state of family and household, religion, ideology or political opinion, criminal record with lapsed criminal sentence, sexual orientation, gender identity, education level, type of employment, medical history or health condition, and social status based on those under the National Human Rights Commission of Korea Act (Article 3 (1) 1)

B. Prohibit separating, distinguishing, restricting, excluding, rejecting or otherwise treating anyone unfairly in the provision or use of goods, services, education or job training by educational institutions, and administrative services as an act of discrimination without reasonable grounds based on gender or other reasons (Article 3 (1) 1)

C. Prohibit not just direct discrimination but also indirect discrimination, any act of inflicting physical and/or mental pain on any individual or group based on gender or other reasons, and any advertising that represents and encourages discrimination (Articles 3 (1) 2 to 5)

D. Require the government to establish the Discrimination Correction Master Plan every 5 years to systematically promote relevant anti-discrimination policies, the National Human Rights Commission to prepare and submit recommendations for the Discrimination Correction Master Plan to the President no later than 1 year before establishing the Discrimination Correction Master Plan, and central administrative agencies, etc. to establish specific action plans and disclose their implementation outcome (Articles 6 to 8)

E. Specify and set forth types of anti-discrimination in each area such as providing or using employment, goods, services, modes of transport, commercial facilities, land, residential facilities, healthcare services, and culture, taking measures to prevent discrimination in educational opportunities and contents by educational institutions, administrative services like political rights, and investigations and trials, and prohibiting discrimination based on gender or other reasons (Articles 10 to 40)

F. Allow the victim of any discriminatory act to file a petition with the National Human Rights Commission and the Commission to impose a fine of up to 30 million won for any failure to perform any corrective action order if anyone receiving any recommended corrective action fails to perform such action without reasonable grounds to improve a discrimination remedy’s practical effectiveness (Articles 41 to 44)

G. Allow the National Human Rights Commission to support a lawsuit for any case deemed to be a discriminatory act if the accused does not agree with a decision by the Commission and the case is deemed material (Article 49)

H. Allow the court to rule for active action or compensation to correct or stop discrimination according to the victim’s claim (Article 50)

I. Allow for additional compensation (2 to 5 times the property damages) in addition to the usual property damages if any discriminatory act is deemed malicious (determined considering willfulness, persistence, repetition, retaliation, and damage size and content) (Article 51)

J. Impose the burden of proof on the counterpart of a person who claims he or she has been discriminated, considering that it is difficult to prove discrimination due to information or a gap in accessibility to such information between the victim of any discriminatory act and the counterpart; provided, however, that it only applies to any violation of provisions in Chapter 3 of this Act (Article 52)

Legislate a comprehensive and effective Anti-Discrimination Act, which can prohibit and prevent any discrimination without reasonable grounds based on gender, disability, age, language, country of origin, ethnic origin, race, nationality, skin color, region of origin, physical conditions like appearance, marital status, pregnancy or childbirth, type and state of family and household, religion, ideology or political opinion, criminal record with lapsed criminal sentence, sexual orientation, gender identity, education level, type of employment, medical history or health condition, and social status across political, economic, social, and cultural areas and effectively address its complex nature.