남녀차별금지법(1999~2005)의 여성정책적 의미

Abstract

Gender Discrimination Prevention and Relief Act(hereinafter referred to as the “the Act”) was legislated in February 8, 1999, in accordance with the principle of gender equality stated in the Constitution, to prevent gender discrimination and to realize gender equality in every sector of society by protecting the interests and enforcing the rights of victims. The Act, as law specifying constitutional equal right’s mandate, complete Women’s Development Act to promote gender equality in all the areas by stipulating fundamental rules with regard to the obligation of the State etc. and has the significance as legislative measure to perform CEDAW’s national obligation. It was also notable that the Presidential Commission on Women(hereinafter referred to as the “the Commission”) could exercise quasi-judicial function by the Act. So, in this article I analyzed results of efforts redressing gender discrimination performed by the Commission and examined women-policy’s significance of the Act. While Ministry of Gender Equality was reorganized to Ministry of Gender Equality and Family, the Act was merged with National Human Rights Commission. Therefore, this Act was repealed in April, 2005 two years ago and from June 23, 2005, the National Human Rights Commission has begun to deal with concerning gender discrimination. Thereupon the National Human Rights Commission passed the recommendation proposal on “Anti-Discrimination Law” on July 24, 2006 and advised the Prime Minister to pursue its enactment. Recently, the Ministry of Justice noticed ‘the bill on Anti-Discrimination Law’. Although the Act was repealed, the enactment of Anti-Discrimination Law prohibiting about not only gender discrimination but also all discrimination can be turning point. I hope to make diverse and substantive discrimination-remedy policy and to practice Anti-Discrimination Law within the consciousness in our lives.