Beyond the grave, the words of Nelson Mandela resonate: “No one is born hating another person because of the color of his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.” Recently, the passing of an anti-discrimination law stirred up debate among citizens. The new law forbids discrimination on employment, nationality, gender, disability, or sexual orientation.

Framework of the Law

The Ministry of Justice (MOJ) of South Korea drafted the anti-discrimination law in 2006 with the intention of complementing the National Human Rights Commission (NHRC) prohibiting the discrimination of gender and other basis. In the same year, the NHRC of South Korea led by Chairperson Choi Young-ae, proposed the anti-discrimination law. However, the MOJ dropped the proposal on November 2, 2007 due to pressures from huge businesses and Christian groups. This was followed by several attempts of proposing the law but was repealed as parliaments expired or withdrew due to oppositions. It was in the middle of 2021 that Lee Sang-min of the Democratic Party, along with 24 representatives, proposed an equality law.

Professor Park Chunwoong (Department of Sociology, Jeonbuk National University) stated that one of the advantages of passing this law is that legal sanctions against discriminatory and hateful acts can be implemented, which can serve as a basis for gradual change in society. According to Professor Park, the Anti-discrimination Act (Proposition on Equality Bill) proposed by 21 ruling party lawmakers in 2021 considers situations that represent discrimination, including discriminatory and hateful incitement.

If discrimination or hate persists, legal consequences will follow. For instance, under the Croatia Anti-discrimination Act of 2008, Article 6 states that the court shall take into consideration the circumstances when determining the amount of compensation for non-proprietary damage and when deciding about the fine for misdemeanors defined by this Act. Therefore, the new law can reclassify actions that were not recognized as discrimination in the past, thus protecting social minorities and granting them the right to be full and active members of society. In this sense, the passing of the Anti-discrimination Act signals the beginning of a free and equal society. Furthermore, social discussions that follow this law can be used as evidence of a more mature form of democracy in Korea, and thus have a positive impact on international relations.

Proponents of the Law

Since 2007, many anti-discrimination bills have been proposed, only to be met with continuous resistance from religious organizations and conservative politicians. However, over time, these proposals have slowly gained the support of the public. In addition, the anti-discrimination bill is also supported by political figures from the Democratic Party of Korea (DPK) such as the former Justice Minister Choo Mi-ae, lawmakers Park Yong-jin and Yang Seung-jo, the Gyeonggi Governor Lee Jae-myung, and the People Power Party (PPP) Chairman Lee Jun-seok.

The NHRC released the “2020 National Awareness Survey on Discrimination (NASD),” which found that around 88.5 percent of the respondents agreed with the Anti-discrimination Act. Moreover, the international community has encouraged Korea to pass the law, which would provide security and hope to those who are being discriminated against in terms of their gender, race, age, sexual preference, or disability. This is considered to be a critical move in guaranteeing equal rights for all as required by global standards and guidelines.

Moving on, prejudice can come in various criteria. For example, the anti-discrimination law can help people who are discriminated against at work, including women who are not given as many opportunities as their male counterparts. The law can assist them in purchasing and utilizing products and services, provide them with educational and vocational opportunities, and support them in other areas of their lives where they experience prejudice. The anti-discrimination law seeks to punish these forms of discrimination. According to NHRC Chairperson Choi Young-ae, those who are found guilty will face three years of imprisonment or a penalty of 30 million won.

Concerns that the bill is being pushed only for the sake of legalizing same-sex marriage may continue. However, as Professor Park mentioned, it is necessary to be patient and supportive even if tangible results do not appear immediately. In order to pass the law, there should be exhaustive social discussion regarding the potential repercussions for the lives of people in society. Starting from the President, additional efforts must be made to protect human rights and encourage deliberation on this proposal and other proposed bills to put an end to all types of discrimination.

Finally, according to Professor Park, the passage of the Anti-discrimination Act is not the end of the matter, but a milestone in a continuing process. The passage of this law can open doors to debate about what behavior is discriminatory or inappropriate. For example, it is currently widely accepted in society that inappropriate physical contact and words of a sexual nature constitute sexual harassment, and that this is wrong and deserves legal punishment.

However, in the 1990s, the ground for punishment of sexual harassment was not clear, and it was only at the end of the 1990s that the perception that sexual harassment can be punished by law began to emerge. This occurred due to cases filed by women who were sexually abused physically and verbally, including being filmed with hidden cameras. It will take a long time, but the idea that discrimination on the basis of gender, sexual orientation, race, national origin, region, class, and disability is wrong can be established with the passing of this law.

As stated in Mandela’s quote, people are not born hating others. However, by focusing on the weaknesses and divergent preferences of others, some people learn to discriminate, thinking that they are better than others. If people can learn intolerance, then there is also the possibility of learning to love others by overlooking their flaws and understanding and accepting others despite their differences. This proposed bill aims to achieve this even if it comes with a price.