Korea is witnessing a significant increase in the number of foreign workers, with over two million immigrants residing and working in the country. This trend has heightened the risk of discrimination based on nationality, gender, race, and various other factors. Against this backdrop, the Comprehensive Anti-Discrimination Act has been placed back on the legislative of the National Assembly’s agenda in 2025, driven by the strong commitment of Ms. Won Min-kyong, the nominee for Minister of Gender Equality put forward by President Lee Jae-myung. The bill was first proposed in 2007 under the administration of President Roh Moo-hyun, with the aim of filling the gaps left by the existing laws. The bill not only seeks to protect Korean citizens but also offers hope for improving the rights of foreign workers, who frequently face discrimination in the workplace and daily life. This article will provide a detailed analysis of the new bill, compare it with the existing legal framework, and clarify its potential benefits for foreigners. 

I. Legal basis

• Comprehensive Anti-Discrimination Act

II. Contents of the Comprehensive Anti-Discrimination Bill

The Comprehensive Anti-Discrimination Bill has been proposed seven times since 2007 but has repeatedly been withdrawn or dismissed due to opposition from conservative politicians and religious groups. By 2025, the bill was reintroduced with strong support from Ms. Won Min-kyong, who emphasized that: “The enactment of an anti-discrimination law is essential to protect the human rights of vulnerable groups and to address unjust discrimination in society.” The bill aims to establish a legal basis for imposing penalties on discriminatory acts and decisions across all areas of society.

Key provisions of the Bill:

• Comprehensive scope of protection: The bill prohibits both direct and indirect discrimination based on gender, disability, age, origin, ethnicity, race, physical condition, and sexual orientation. For foreigners, this is particularly significant, as discriminatory acts based on nationality (e.g., denial of employment due to origin) or race (e.g., discrimination against immigrants or racial minorities) will be subject to strict enforcement. It applies to the areas of employment, education, public services, and socio-economic activities. This serves as a complement to Article 11 of the Constitution, which provides only a basic prohibition of discrimination without an enforcement mechanism. 
• Enforcement mechanism: Individuals or organizations found in violation may face civil penalties, including the payment of damages. The National Human Rights Commission of Korea (NHRCK) or the courts may impose administrative fines of up to KRW 100 million for serious violations. The bill also requires large corporations to publish annual reports on diversity and inclusion.
• Progress in 2025: Following the NHRCK’s recommendation in 2020 and the rejection of four related bills during the 21st National Assembly, a public hearing held in August 2025 placed the bill on the National Assembly’s agenda, with support from the administration of President Lee Jae-myung. However, the bill has faced strong opposition from conservative religious groups, who argue that it may infringe upon religious freedom or promote homosexuality. If enacted, the bill could take effect in 2026, aligning with international standards set by the ILO and the United Nations, and extending protection to over 500,000 foreign workers in the manufacturing, service, and education sectors. 

The bill is regarded as a significant step toward Korea’s compliance with international standards, particularly the United Nations Convention on the Elimination of Racial Discrimination, while addressing the gaps that exist in current sectoral laws.

III. Potential benefits for foreign residents and workers in Korea

If passed, the bill would bring transformative changes for foreigners in Korea:

• Comprehensive protection: Foreign workers would be protected from discriminatory practices in recruitment, promotion, and public services, such as denial of housing based on nationality.
• Equal opportunity: Inclusion policies would encourage companies to foster diverse workplaces, enabling foreigners to have equal opportunities for career advancement alongside local employees. 
• Effective complaint mechanism: With the imposition of civil penalties and support from the NHRCK, foreigners would feel more assured in seeking justice. 

IV. Conclusion

The year 2025 marks a pivotal milestone in South Korea’s efforts to build a more equitable society through the Comprehensive Anti-Discrimination Bill.Despite ongoing challenges, particularly from opposition groups, the support of the government and international organizations is generating strong momentum for the bill’s enactment. In the meantime, foreign workers should make use of existing support channels, such as the NHRCK or labor organizations, to protect their rights.

V. About NYLA – Korean Legal Office

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