Unreasonable Distinctions: A Comparative Analysis of the Definitional Framework of Korea's New Anti-Age Discrimination Law
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Korea has recently enacted legislation that strengthens existing prohibitions on age discrimination by providing stiff penalties for violation. The core of any legislation lies in its definitional framework since it is through this framework that liability is ultimately established. This article examines and evaluates the scope and definitional language of the new Korean legislation through a comparative analysis of related provisions in the anti-age discrimination statutes of the US and UK. These jurisdictions are selected for comparison because they represent both a long-standing statutory regime and one that has been more recently established. The analysis reveals critical weaknesses in the structural and definitional aspects of the Korean legislation that may render determinations of liability ambiguous and therefore unreliable. Specifically, ambiguities in the scope of application due to faulty construction, reliance on a minimalist definition that appears to merely prohibit “unreasonable distinctions,” and a confusion in the possible exceptions to discrimination raise concerns as to whether the new penalties will have any significant impact on reducing age discrimination in the Korean workplace since the prospects for ultimately reaching those penalties are doubtful.
Abstract
Korea has recently enacted legislation that strengthens existing prohibitions on age discrimination by providing stiff penalties for violation. The core of any legislation lies in its definitional framework since it is through this framework that liability is ultimately established. This article examines and evaluates the scope and definitional language of the new Korean legislation through a comparative analysis of related provisions in the anti-age discrimination statutes of the US and UK. These jurisdictions are selected for comparison because they represent both a long-standing statutory regime and one that has been more recently established. The analysis reveals critical weaknesses in the structural and definitional aspects of the Korean legislation that may render determinations of liability ambiguous and therefore unreliable. Specifically, ambiguities in the scope of application due to faulty construction, reliance on a minimalist definition that appears to merely prohibit “unreasonable distinctions,” and a confusion in the possible exceptions to discrimination raise concerns as to whether the new penalties will have any significant impact on reducing age discrimination in the Korean workplace since the prospects for ultimately reaching those penalties are doubtful.
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