포괄적 차별금지법 제정논의와 가짜뉴스

Abstract

As soon as the 21st National Assembly opened in June 2020, some members of the National Assembly such as the Justice Party and the National Human Rights Commission are attempting to enact the so-called comprehensive anti-discrimination law or equality law. The first thing we encounter in discussions about enacting anti-discrimination laws is the so-called “fake news” debate. In particular, from the day the 21st National Assembly proposed the anti-discrimination bill, the media such as jtbc have been stigmatizing voices against the enactment of the anti-discrimination law as "fake news." It was the National Human Rights Commission of Korea that provided the basis for this fake news debate. They argued, “The anti-discrimination law applies only to four areas:'employment, goods and services, school, and administration', so preaching or evangelism in church itself is not subject to the equality law, and the anti-discrimination law does not apply to a person who opposes homosexuality. It is not a law of'punishment'.” The issue here is whether'religious facilities such as churches' are not included in the four areas of non-discrimination such as employment, goods and services. However, churches are included in'facilities' as religious facilities, and facilities correspond to'goods'. Streets and plazas also correspond to'facilities', so they may correspond to the use of'goods', and writing a book corresponds to the supply of'services'. Therefore, sermons at religious facilities such as churches and street evangelism can also be included in the “realm” of supply and use of goods. Furthermore, the anti-discrimination legislation includes “advertising acts that mark or promote adverse treatment such as separation, discrimination, restriction, exclusion, or rejection for reasons of gender, etc.” in discrimination. Therefore, the act of informing a preaching against homosexuality in the church through telecommunication can also be included in the “act of displaying” or “advertising” the adverse treatment. In all respects, preaching in the church, evangelism on the street, or writing books can also be a violation of the anti-discrimination law, that is, illegal (non-law). Another issue is, "Will you be punished for discriminatory words and actions prohibited in non-discrimination areas such as work or school?" jtbc said in the fact check that it is ‘illegal, but not punished.’ These arguments seem to presuppose that'punishment' means only'criminal punishment', and that'disciplinary punishment','executive punishment (compulsory performance), and punitive damages' are not included in'punishment'. However, in the statutory terminology dictionary provided by the National Legal Information Center, administrative penalties, execution penalties, and disciplinary penalties in addition to criminal penalties are all defined as “punishment”. Lastly, the Constitutional Court (2017 Heonma 1356) clarifies that “discriminatory speech or hate speech” also falls within the protected area of ​​freedom of expression prescribed in Article 21 of the Constitution. Therefore, any human being with a conscience has the freedom to go forward to “public morality or social ethics” to hate “actions” that go against “good manners”, which I refer to as the “right to express conscientious hatred”. Who and what is fake news?