Legislative Evaluation and Prospect of Comprehensive Anti-Discrimination Act (draft)

During the recent presidential election, opinions were conflicted between the candidates over whether to enact a comprehensive anti-discrimination law. Candidate Kim Moon-soo expressed a negative position on the comprehensive anti-discrimination law, and in response, the candidate at the time and the current president expressed reservations that it is difficult to do what needs to be done immediately if the social conflict intensifies. In response, Kwon Young-guk of the Democratic Labor Party strongly urged legislation, saying that the enactment of an anti-discrimination law is a matter of decision. On October 1, the current government renamed the existing Ministry of Gender Equality and Family as the “Ministry of Gender Equality and Family” and expanded and reorganized its functions to launch a new one. There were serious concerns that such a change would not be a simple name change, but a significant change in the basic order of the current legal system. Everyone’s Square, “The issue of changing the name of the Ministry of Gender Equality and Family to the Ministry of Gender Equality and Family, expanding and reorganizing the Ministry of Gender Equality and Family (violating the Constitution).” All of these discussions, which are fiercely opposed in our society, are deeply related to sexual orientation and gender identity specified as reasons for non-discrimination in the Comprehensive Anti-Discrimination Act (draft). In this paper, I would like to look at the comprehensive anti-discrimination law that is being discussed so hot in society. First, I examined the attempts to enact a comprehensive anti-discrimination law in Korea and the main contents (II.) of the comprehensive anti-discrimination law. In addition, in order to properly evaluate and forecast a comprehensive anti-discrimination law, it will be necessary to examine the legislative impact and effect of the law (III.) among the countries that have enacted a comprehensive anti- discrimination law before us. Finally, for the comprehensive anti-discrimination law, this law was evaluated in a legislative evaluation method and the direction (IV.) for Korea in the future was suggested.