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.

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 55) The Government amended the Criminal Act to newly stipulate the crime of human trafficking in order to ratify the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. The amended Criminal Act expanded the purpose of kidnapping and abduction, along with the previously stipulated purpose of “engaging in an indecent act, sexual intercourse or marriage, or for gain” and “transportation of a person out of the Republic of Korea”, to include the purpose of “labour exploitation, sex trafficking, or the acquisition of organs”. The consequentially aggravated crimes of human trafficking were also more specified into bodily injury and murder and death, in line with the principle of liability. A person who recruits, transfers, or delivers another with the intent to commit human trafficking has become principal rather than accessory under the amended Criminal Act, as such acts are defined as distinct acts of crimes. The provision of universal jurisdiction has been introduced so as to punish foreign nationals in the territory of the Republic of Korea, who have committed the same crime outside the Republic of Korea. The Government presented the bill for the consent of the ratification of the Protocol on Trafficking in Persons, which passed National Assembly in 2015 and the instrument of ratification was deposited with the United Nations. The Protocol took effect in Korea on 5 December 2015.

UN Compilation:
Para 57) The HR Committee noted with concern that, while the Republic of Korea was a source, transit and destination country for human trafficking, traffickers were rarely prosecuted and convicted. It was concerned ...that women entering the country on E-6 (culture and entertainment) visas were frequently trapped into prostitution, ... .

Stakeholder Summary:
Para 56) AI stated that the definition of human trafficking was not consistent with international law. JS2 reported that law enforcement officers often failed to identify victims of human trafficking and trafficking victims who were trafficked for labour and sexual exploitation could not receive a proper protection.

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.

National Report:
Para 76) ... It is currently seeking to amend the relevant legislations on the premise that it will ratify the UN Protocol to Prevent, Suppress and Punish Trafficking annexed to the Convention against Transnational Organized Crime ...