UPR Sexual Rights Database

National Report:
Para 15) The Constitution, the National Human Rights Commission of Korea Act, and 90 other legislations prohibit discrimination in a number of sectors based on various grounds, including sexual orientation and gender identity. Since 2006, the Government collected various opinions and continued with its research for the sake of legislative integrity in an effort to enact general anti-discrimination laws. Nevertheless, legislative procedure did not proceed, as a number of legislative bills proposed by the Government and lawmakers did not make it to the discussion at the National Assembly and were discarded upon expiration of the term. In 2013, the Government presented the enactment of anti-discrimination act as one of the policy tasks, organizing a working group to undertake the enactment of the law and conducting research on foreign legislations and precedents. Nonetheless, legislative
process has been stagnant because of social controversy related to prohibited grounds of discrimination such as sexual orientation. The Government will carry on research and review a number of issues pertaining to the general anti-discrimination law and listen to public opinion.

UN Compilation:
Para 16) The HR Committee was concerned about the discrimination against lesbian, gay, bisexual, transgender and intersex persons, including violence and hate speech.

Stakeholder Summary:
Para 27) JS1 and JS5 stated that lesbian, gay, bisexual, transgender and intersex (LGBTI) persons were subject to discrimination and stigmatization in public and private spheres. JS5 reported on incidents of hate crimes against them. LGBTI adolescents remained a vulnerable group, at the risk of being exposed to hate speech and bullying and of terminating their studies. JS5 concluded that the authorities failed to provide equal protection to LGBTI persons.
Para 29) AI reported that civil society LGBTI groups continued to face discrimination, including at the hands of authorities. In 2015, the Beyond the Rainbow Foundation was refused registration, and the Seoul Metropolitan Police refused to grant a permit to the Pride Parade. The ban was only overturned when the organizers filed a petition to the court. JS1and JS5 made similar observations.
Para 30) Kaleidoscope Australia Human Rights Foundation (Kaleidoscope) stated that the Republic of Korea did not recognise marriage between same-sex couples. The legislation did not specifically state that marriage was between a man and a woman, but all rights and duties in the legislation described marriage as between a husband and wife. JS5 made similar observations.
Para 31) Kaleidoscope stated that LGBTI persons faced discrimination in the context of adoption as they were effectively prohibited from adopting children under the age of 15.

National Report:
Para 68) The measures described in Paragraphs 66 and 67 are applied in the same manner to women migrant workers. They are also entitled to the same maternity protection as Korean workers, including prohibition of termination for pregnancy and delivery, and guarantee of maternity leave and childcare leave pay. When the circumstance is deemed necessary, they are allowed to stay for a period required to protect their motherhood after the expiration of their visas. When women migrant workers are investigated by authorities or detained in immigration facilities for the violation of immigration status, a female enforcement officer should be assigned to their cases to prevent any potential sexual harassment. When illegal migrant women are in the process of filing legal claims for remedy for human rights violation, including sex trade or sexual abuse, the deportation order is deferred and they are entitled to temporary residency.

Please note: Para 66) Migrant workers who entered the Republic of Korea under the Employment Permit System are entitled to the same protection as Korean workers pursuant to the relevant labor- related legislations such as the Labor Standards Act, the Minimum Wage Act, and the Occupational Safety and Health Act. The Act on the Employment and Others of Foreign Workers, among others, lays out the principle of prohibition of discrimination against foreign workers and their protection. The issue of transferring to a different workplace has been an ongoing concern under the Employment Permit System. With the amendment of relevant legislation passed in October 2009, transfer applications based on unfair treatment, withholding wages, and other reasons beyond the responsibility of migrant workers are accepted without restriction.

Please note: Para 67) In 2011, with a view to addressing work-related grievances of migrant workers, the Government opened a counseling center for migrant workers, which offers counseling services in ten different languages. In addition, more support centers for migrant workers were established to provide counseling services near their workplaces. As a way to ensure implementation of regulations on the rights of migrant workers, the Government carries out inspections at workplaces that hire a large number of migrant workers for their employment practices, conduct surveys on migrant workers, and monitors workplaces.