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Importance of the Legislation of the Equality Act and the Role of the National Human Rights Commission of Korea

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2021, 4(2), pp.87-124
  • DOI : 10.22976/JHRS.2021.4.2.87
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : November 15, 2021
  • Accepted : December 6, 2021
  • Published : December 31, 2021

YI, ZOON IL 1

1고려대학교

Candidate

ABSTRACT

The National Human Rights Commission of Korea (NHRCK) expressed its opinion on the legislation of the “Equality and Prohibition of Discrimination Act” (Equality Act), which is a general anti-discrimination act, to the National Assembly at the end of June 2020. The current Constitution of the Republic of Korea prohibits discrimination while ordering equality (Article 11-1 of the Constitution). The order of equality and the prohibition of discrimination belongs to the basic values of the Constitution. This is because, like all provision of the Constitution, the rights and values in the Constitution, which are stipulated in a general and abstract form, can only be effectively implemented when they are embodied by the legal norms established in the form of laws. The rights to equality or non-discrimination is listed as one of the basic human rights in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights to which the Republic of Korea has joined and ratified are legal norms which has the same effect with the domestic laws of Korea. Therefore, it is necessary that the act that specifies these norms need to be legislated. Much of the equality required by the Constitution and international human rights covenants are specified by legislation. The NHRCK Act, which is currently operation as a kind of general anti-discrimination act, is basically the organizational law that the organization and authority of the NHRCK, a national human rights institution, and the procedural law that sets the procedures for relieving human rights violations or discriminatory acts. Therefore, a substantive act governing the basic and general content of discrimination must be legislated. The Human Rights Commission is a national human rights institution established to protect and promote human rights. The Commission must inform members of the national community through various channels the reason why the legislation of the Equality Act, which corresponds to a general anti-discrimination act, is urgently required, specially the reason why it is an essential prerequisites for the protection and promotion of human rights and draw support of all members of the national community for a prompt legislation of the Act. The Commission is a discrimination correcting body established to correct discrimination that infringes on the right to equality. Until a general anti-discrimination act is finally legislated, the NHRCK not only serves as a place of public discussion related to the content of the anti-discrimination law, but also supports the various opinions raised in the public forum and plays a mediating role to find a common denominator that everyone can agree on. The Human Rights Commission acts as a mediator or coordinator to rationally resolve social conflicts that may arise from human rights violations. The NHRCK, which responsible for reconciling social conflicts that may arise from human rights violations, should examine whether a general anti-discrimination act can actually cause social conflicts and come up with an alternative that can satisfy all the conflicting groups.

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