What is the problem with the Comprehensive Anti-Discrimination Act? We interviewed former Constitutional Court Justice Ahn Chang-ho to identify the problems with this bill. [What do you think about the introduction of the Comprehensive Anti-Discrimination Act?] “The Anti-Discrimination Act states that it is proposed to realize the right to equality under Article 11 of the Constitution and introduce effective means of discrimination relief to provide relief to the socially disadvantaged. However, if you look into its contents, there are many provisions that could infringe on the freedom and fundamental rights of the people. It could seriously infringe on the freedom of expression, religion, thought, employment, and contracts, such as denying the doctrine of Christianity. It is expected that there will even be social conflict due to reverse discrimination.” [In what ways does it infringe on fundamental rights?] “The Anti-Discrimination Act prohibits speech or behavior that causes sexual humiliation or disgust, or acts that encourage such feelings. Criticizing sexual orientation based on objective facts is also subject to sanctions. The Constitutional Court’s precedent is that regulation of expression should be permitted only under strict conditions and only when it is inevitable to achieve a significant public interest. In certain areas, positive evaluations should be permitted and negative evaluations should be controlled, and only expressions based on a certain viewpoint should not be permitted. The anti-discrimination law very broadly and comprehensively regulates legitimate criticism and negative evaluations. This is an act that hinders the expression of an individual’s personality and the realization of human dignity, infringes on the free competition of ideas, and undermines the foundation of ‘freedom of expression,’ which is a core fundamental right of democracy.” [Those who support the legislation claim that the claim that ‘churches will not be able to preach sermons pointing out the sinfulness of homosexuality’ is fake news.] “Sermons pointing out the sinfulness of homosexuality are discriminatory acts prohibited under Article 3. Sermons or lectures criticizing homosexuality are prohibited in general media, as well as Christian broadcasting, newspapers, and social media (Articles 28 and 29). Criticizing homosexuality is prohibited not only in general schools approved by the Ministry of Education, but also in mission schools and seminaries (Article 32). This can create a homosexual-friendly environment by only allowing positive evaluations of homosexuality in the media and education, while isolating Christian doctrines and churches that point out the sinfulness of homosexuality and forming an anti-Christian society.” [What do you think about the controversies over penalties such as criminal punishment, enforcement fines, and compensation?] “The argument that there is no problem because punishment is only applied when retaliatory disadvantageous measures are taken against victims of discrimination who file complaints, even if there were words or actions criticizing sexual minorities, is a one-sided view. If a sexual minority complains to the National Human Rights Commission, saying that they felt disgusted after hearing a lecture criticizing homosexuality, the lecturer will receive a corrective recommendation, and if the corrective order is not followed, a compliance fine of up to 30 million won cannot be ruled out. It is not a one-time thing, but it can continue to be enforced. Is there any organization that can continuously afford a compliance fine of up to 30 million won? Punitive damages are also imposed. Unlike the United States and Germany, our country’s criminal law also punishes defamation and insult through factual statements. With the introduction of the anti-discrimination law, legitimate criticism of sexual minorities may be punished as defamation or insult.” [Regarding concerns that the Korean church will face serious conflicts in employment and education] “The Korean church has been operating various social welfare facilities and schools, creating jobs and providing education. If the anti-discrimination law is implemented, Christian schools will not be able to refuse to hire professors or workers because they have a different religion. Churches will also not be able to refuse homosexual pastors. Mission schools or seminaries approved by the Ministry of Education will not be able to criticize homosexuality, and they will have to accept non-Christian students’ refusal to attend chapel. There may be a situation where the purpose of establishing various institutions operated under Christian values ​​is shaken.” [Some criticize the religious community for denying reality and inciting public opinion with distorted information.] “It is unfortunate. The Bible says, ‘It is not good to punish the righteous or to strike a nobleman for his uprightness’ (Prov. 17:26). There should be no emotional hatred toward homosexuality or specific religions and ideologies. However, legitimate criticism based on objective facts should be possible. If this is denied, social integration and democracy that can be achieved through deliberation and rational agreement become impossible, and public values ​​and the common good cannot be pursued.” #MissionLife #ComprehensiveAntiDiscriminationAct #ReasonsForOpposition [Time Code] On the 29th of last month, the Comprehensive Anti-Discrimination Act was submitted to the National Assembly. I am curious to know what you felt after looking into the contents of the bill. 00:12 Article 11, Paragraph 1 of the Constitution stipulates that “All citizens are equal before the law.” Since the right to equality here refers to formal legal equality, it was said that there is no constitutional basis for active state action to pursue substantive equality. Could you explain this in more detail? 00:36 In the section on “discrimination” corresponding to Article 3 of the Anti-Discrimination Act, the concept is unclear, abstract, or composed of subjective concepts. What kind of supplementation do you think is needed to make the concept clearer when enforcing the law? 03:13 How have anti-discrimination laws been revised overseas? 05:33 One of the core controversies surrounding the anti-discrimination law is that it restricts freedom of expression. How do you think it will affect it? 06:30 After the bill was introduced, numerous media outlets have published fact-checking reports on the related content. It is rare for so many media outlets to simultaneously attempt fact-checking on a single topic. One of them is that the claim that “churches will not be allowed to preach about the sinfulness of homosexuality” is fake news. Some say that if it is not included in the four areas of employment, use of goods, education at educational institutions, and administrative services, it is not considered illegal. What do you think? 10:52 What about the argument that freedom of expression or freedom of religion is not restricted or disappearing? 12:42 There is still controversy over fines such as enforcement fines and compensation. There is an argument that there is no problem because even if there is speech or action that points out sexual minorities, they are not immediately punished, but are only applied when retaliatory disadvantageous measures are taken against the victim of discrimination who filed a complaint... 13:18 In response to the argument that the enactment of the anti-discrimination law is excessive legislation, there is also an argument that it sends a message that it is okay to discriminate against 'invisible minorities' who are excluded even from individual anti-discrimination laws. 14:38 More practically, it will not be a unique religious act such as preaching, but a point where religion intersects with the area applied to the anti-discrimination law. Korean churches have operated various social welfare facilities and schools, hiring and providing education to countless people. The issues are whether Christian social welfare facilities can refuse to hire workers because they have a different religion, and whether it is justifiable for mission schools or seminaries to discriminate against students because they are non-Christians or homosexuals. 16:53 There is also an opinion that the anti-discrimination law can lead to widespread reverse discrimination. What is this? 18:55 There are also continuous claims that concerns about the toxic provisions of the anti-discrimination law in Korean churches are cleverly mixing facts with lies, distorting reality, and inciting public opinion based on distorted information. How do you view this reality? 22:20 Among the Protestant denominations, the Presbyterian Church of Korea was the first to support the enactment of the anti-discrimination law. It released a statement containing this content on the 1st. However, it only talks about the general idea that "we need to examine whether the attitude of immediately condemning sexual orientation is in line with the spirit of the gospel," and does not include any content about the influence that the toxic provisions of the bill can have. If the law is enacted in accordance with the purpose of pursuing equality and introducing effective means of redressing discrimination, what parts of the proposed bill do you think need to be revised or supplemented? 24:40 You compared the social phenomenon brought about by this bill to a Bible verse. Proverbs 17:26. 'It is not good to punish the righteous and to beat the noble for being honest'... 27:11 As the bill has been received, it will go through the stages of committee review, plenary session deliberation, and transfer to the government. How do you think it is desirable and effective for Korean churches and Christians who recognize the irrationality of this bill to express their opinions? 27:36 Is there anything you would like to say to the Christian Lawyers Association or Christian lawyers? 29:21 (Related article) http://news.kmib.co.kr/article/view.a...