국가의 법정책과 성소수자 혐오

Abstract

This article focuses on the case of South Korea, which is an example of how the phenomenon of hate have been influenced to national and local policy, especially in the case of LGBTQ, where we can find homophobia and transphobia reflected in government policies over the years. The main goal of the article is to introduce the ways in which the anti-LGBTQ is reflected in South Korea’s legislative, executive, and judicial processes and proposes principles to guide the establishment of policies that can respond to LGBTQ rights. A characteristic feature of anti-LGBTQ is the way it denies the identity or existence of those people by labeling them as having a pathological condition or engaging in behavior that harms social morality. To this end, I propose the principle of non-pathologization and decriminalization, which seeks to amend legislations or legal interpretations that pathologize or criminalize those people, followed by the principle of policy visibility, which means that those people should be clearly recognized by the state as policy targets so that they are not excluded from institutional gaps or rights guarantees on the basis of their sexuality or gender/sex, and finally, the principle of a sexual diversity perspective, which means that policy-making and formulation of LGBT-inclusive policies should be based on an understanding of human gender/sexual diversity.