TW: Suicide

‍

Many countries have laws to protect individuals from discrimination based on certain identities, such as race, age, and religious beliefs. Few, however, have a comprehensive law that protects all individuals and marginalized groups, no matter their identity. Enacting this type of law has been the center of debate amongst Korean lawmakers and the public for almost 14 years. 

‍

Anti-Discrimination, Equality, and Human Rights

Although South Korea has enacted laws that protect individuals from discrimination on the basis of sex, disability, and social status, many living in Korean society are left out; particularly members of the LGBTQ community, migrant workers, and other foreign residents. Enacting a comprehensive anti-discrimination law in South Korea can help curb homophobia, xenophobia, and racism, and create a truly equal society. Unfortunately, opposition has impeded such progress.

‍

According to the UN and various international treaties, non-discrimination and equality are core to human rights. The Universal Declaration of Human Rights in particular states that “all human beings are born free and equal in dignity and rights” and “everyone is entitled to all the rights and freedoms...without distinction of any kind.” The enactment of an anti-discrimination legislation could bring South Korean law in line with international standards, as well as position Korea as a human rights front-runner in Asia, a region where no such legislation exists.

‍

The Proposal and Debate

Up until now, Korean political parties have proposed an anti-discrimination bill eight times since 2007. The most recent bill, submitted in July 2020, outlined that the law would protect individuals from discrimination in the areas of employment, goods & services, education, and government services. The bill also states that individuals cannot be discriminated against on the basis of 23 grounds, including country of origin, skin color, sexual orientation, and gender identity. Violators can be fined up to 10 million won ($8,327 USD) or sentenced to jail for up to one year, but the law will emphasize prevention and corrective action rather than punishment for every case.

According to a June 2020 National Human Rights Commission of Korea (NHRCK) survey, 9 out of 10 Korean adults agree that the National Assembly should enact a comprehensive anti-discrimination law. The overwhelming support unfortunately did not translate into the successful enactment of the recent bill. Similar to past attempts, the bill failed to become law due to the biggest point of contention: the inclusion of LGBTQ individuals as a protected group. 

‍

Conservative Protestant church groups strongly oppose an anti-discrimination law because they interpret it as “a form of reverse discrimination that, in protecting the rights of sexual minorities, denies them their own right to free speech” (Babe, 2020). Despite numerous sources confirming that the law would not encroach on individual freedom of speech or expression of religious beliefs, lawmakers have been unable to push the bill forward.

Protestors hold signs that read “Abolish Article 92-6 of the Army Criminal Act” and “Enact an anti-discrimination law.” 

‍

Why It Matters

Although a comprehensive anti-discrimination law cannot prevent discriminatory comments or hate speech, what it can do is abolish institutional discrimination against LGBTQ individuals. This includes Article 92-6 of the Military Criminal Act that prohibits consensual same-sex relations between adults in the military. Almost all Korean men have to serve a compulsory 21-month military service and have to constantly be in an environment where being gay is stigmitized and even punished. 

‍

The comprehensive law would have also allowed South Korea’s first openly transgender solider, Byun Hee-soo, to live her childhood dream of being a career soldier. After suffering from gender dysphoria and mental health issues, with permission from her unit, Byun underwent gender reassignment surgery in Thailand in November 2019. In January 2020, the Defense Ministry forcibly discharged her after determining that the removal of male genitalia was considered a physical and mental disability under military law, thereby deeming her unfit to serve. Despite Byun’s attempts to challenge the verdict, the NHRCK’s recommendation to reverse the decision, and the UN’s statement that her discharge was a human rights violation, Byun was ultimately unable to rejoin the army. Tragically, a year after the decision was made, Byun was found dead in her apartment on March 3, 2021 after deciding to take her own life. 

‍

Her death reignited demands from angry LGBTQ advocates for lawmakers to immediately enact an anti-discrimination law. Byun Hee-soo was just one of many in the LGBTQ community who suffer in South Korea due to discrimination and hate. According to a national survey, 45% of LGBTQ people under 18 have tried to commit suicide, while a separate survey shows 92% of LGBTQ people worry about being the victim of a hate crime (Babe, 2020).

‍

During a press conference, Byun said “I hope that sexual minorities can perform their duty and mission in an environment without discrimination.” The pathway to equality for LGBTQ people is a multi-step process that will require the country to address harmful social norms and stereotypes. While conversations about sexual and gender identity are slowly seeping into the mainstream (as exemplified by YTN’s recent news segment), progress is too slow. If South Korea is to become a society where Byun’s wish can come true, the first step is for lawmakers to immediately enact and enforce an anti-discrimination law.

‍

Rest in Power, Byun Hee-soo. 차별 없는 세상에서 영면하길 바랍니다, 변희수님.

‍