[Editorial] Laws That Still Discriminate by Gender

The Ministry of Gender Equality and Family has examined around half of the country's laws and listed 159 areas of the law that are sexually discriminatory. Most discriminate against women for no good reason, but some discriminate against men. Its research shows you that gender equality is still a long way off.

What you notice first are laws that put women at a disadvantage for becoming pregnant or giving birth. For example, when calculating the period of validity of appointment or recommendation for regional or court civil servants, time taken off for sickness, study, and military service is listed as recognized exceptions, whereas pregnancy and maternity leave are not listed. Reportedly, women are discriminated against in pensions relating to the law on the treatment of persons who contributed to the independence movement.

There are many laws that are a perfect reflection of male-centered thinking though less of a social issue, such as regulations on dress for judges, court guards and bailiffs, and immigration officers. Unlike correctional officer uniforms, there are no uniforms for pregnant women in those other roles and for them that is more than a little problem. And it is a lack of consideration when ordinances require that someone filing civil appeals must state his or her gender.

Most of the laws that discriminate against men are because they do not reflect our changed society. Typical examples would be how legally, rape is only when the victim is a woman, and the fact that regulations on managing elections make it so that when a man has a scar on his face, he is legally considered to have less of a handicap than in the case of a woman.

The hoju system has been abolished, and many discriminatory laws have disappeared. However, the work of rid of sexual discrimination is only finished when the changes influence the last details. The final goal has to be making sure no one suffers because people just let the minor problems pass. The Ministry of Gender Equality and Family says that it will complete its survey of the country's law books within the first half of the years. Other ministries must not treat the issue as someone else's business.

The Hankyoreh, 12 January 2006.

[Translations by Seoul Selection]