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A Constitutional Study on the Prevention of Hate and Discrimination based on Religion

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 80(), pp.419-442
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KibokGoh 1

1동국대학교

Accredited

ABSTRACT

Recently there have been more cases of crimes in which the perpetrators do harm to the victims without any particular reasons. Even though the Constitution stipulate human dignity and equality upfront, hate crimes are increasingly taking place. States have been legislating laws to prevent social crimes deriving from discrimination and hate, but it is not easy to solve a problem originating from cognition solely with law and institutions. Nevertheless, law and institutions are the foundation for social order in the modern society. The United States already legislated a law in the 1960s that imposes punishment on acts of discrimination and violence based on race, ethnicity, religion, nationality, gender, homosexuality and etc. Korea has established the National Human Rights Commission in 2000. In 2008, the Anti-Corruption and Civil Rights Commission began its work. There was a discussion on the Prevention of Religious Conflict Law to prevent religious conflict in advance the same year. In the Civil Servants Law article which states the responsibility of civil servants to maintain their religious neutrality was newly added. In Korea, the issue of discrimination in various domains, including that against children from a multi-cultural family or homosexuality, is becoming more salient. Discrimination and hatred impair human dignity and undermine integration of a society and state. Despite the constant effort of the state, discrimination based on gender or religion still exists. It is high time that the law which prevents hate crime and discrimination is legislated.

Citation status

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