Judge ruled that the sanctions for negative remarks on LGBTQ rights were not in the scope of the Broadcasting Act
South Koreans march on the streets to support LGBTQ rights and equality. (Photo: Ed Jones/AFP)
A South Korean court lifted government sanctions on a Christian broadcaster over their on-air remarks on the proposed anti-discrimination law and same-sex issues during an interview in 2020.
Chief Judge Park Jeong-dae of the Seoul Administrative Court on Dec. 12 ruled in favor of Christian TV (CTS) and lifted the sanctions placed by the Korea Communications Commission (KCC), Yonhap news agency reported.
Judge Park stated that the KCC sanctions against the broadcaster for negative remarks on LGBTQ rights in the proposed Anti-Discrimination Act during a July 2020 interview were not in the scope of the Broadcasting Act.
"The plaintiff, a private operator, is operating the channel to educate Christian doctrine and missionary work," said Park.
He also added that the program in question was a debate on the legal and social impact of the proposed law on Christianity which prohibits same-sex relations.
Stating that the broadcaster operated a “religious channel,” Judge Park ruled that the channel and its contents fall under the area of religious freedom protection.
“The risk of violating religious freedom must also be taken into account when regulating it,” he said.
In June 2020, the Justice Party proposed the anti-discrimination bill for the eighth time since its first submission in 2007. In past attempts, the inclusion of the provision to outlaw LGBTQ discrimination was especially contentious.
Amnesty International reports that discrimination against LGBTQ individuals in various forms is rampant in South Korea which does not have any specific provision to outlaw such acts.
“Consensual same-sex activity between adults continues to be criminalized in the military, even though it is not outlawed for the general public,” Amnesty reported.
Stigmatization or even violence against LGBTI people is institutionalized in the military environment.
In 2021, a South Korean court ruled that it was unfair for the military to forcibly discharge soldier Byun Hee-soo over her gender reassignment surgery. Byun committed suicide following her dismissal.
The defense ministry classified the removal of her male genitals as a mental or physical handicap, and a panel ruled in January 2020 that she would be compulsorily discharged.
During the Covid-19 pandemic media and members of the public made discriminatory and unfounded links between the spread of the virus and the sexual orientation or gender identity of LGBTQ individuals.
Human Rights Watch in its research report pointed out that the lack of legal protection had led to a range of discriminatory practices and was exacerbating harassment of young LGBTQ people.
"Even as domestic public opinion warms to LGBT rights and neighboring governments take steps toward LGBT equality, however, South Korea's government has failed to make meaningful progress, citing intense religious and conservative opposition to justify inaction," the report said.
Multiple legislations aimed to ban discrimination based on sexual orientation, gender, race, and other statuses are pending in the National Assembly.
However, the push for anti-discrimination laws has also resulted in severe backlash from members of the public who oppose it.
Earlier this year, a petition calling for anti-discrimination laws went viral, gaining 100,000 signatures in four days. However, a petition opposing the demand also gathered the same number of signatures within the same period.
International rights groups have expressed concern about the way the country treats gay soldiers, who can face up to two years in prison if caught in same-sex acts — even though such actions are legal for civilians.
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