Korea, Republic of

The Republic of Korea (“South Korea”) generally protects and, in practice, respects freedom of religion, but there remain some religious privileges in place that are unavailable to the non-religious. In addition, conscientious objectors continue to be incarcerated by the government and “non-ethnic” Koreans face discrimination.

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Mostly Satisfactory
Free and Equal

Constitution and government

There is no state religion in South Korea. The constitution generally provides for freedom of religion (but not ‘religion or belief’ or similar). Article 20 declares:

(1) All citizens shall enjoy freedom of religion.
(2) No state religion shall be recognized, and religion and state shall be separated.[ref]elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1[/ref]

Religious institutions are tax exempt, with no such exemptions for specifically humanist or non-religious groups.

Buddhist groups have complained in the past that the government is religiously biased against them.[ref]https://www.nytimes.com/2008/10/14/world/asia/14iht-buddhist.1.16935374.html[/ref]

On 3 June 2018, the UN High Commissioner for Human Rights (UNHCHR) released a report showing that the overwhelming majority of conscientious objectors worldwide (92.5%) are South Korean nationals. Military service is compulsory with no right to conscientious objection and no civilian alternative.[ref]ohchr.org/Documents/Publications/ConscientiousObjection_en.pdf[/ref]

Education and children’s rights

Religious instruction is not allowed in public schools, however, private schools are permitted to conduct religious activities for children.

In a response to rising Christian evangelism in the country, university students in several Korean Universities have set up Atheist student groups.[ref]koreabang.com/2012/stories/students-launch-atheist-clubs-to-counter-rising-christianity.html[/ref]

In January 2012, a students’ rights law was lodged for all Seoul-based elementary, middle, and high schools to prohibit use of corporal punishment and discrimination against students on the basis of gender, religion, age, race, sexual orientation, or pregnancy and allows students to stage marches. The law was passed in October 2013.[ref]educationcareers.ie/blog/2013/corporal-punishment-banned-in-seoul-south-korea/[/ref]

Family, community and society

Korea is a religiously heterogeneous state. It is home to the highest Christian population in East Asia at around 20% Protestant and 8% Catholic. Another dominant religion is Buddhism, which is shared by around 15% of the population. A national census conducted in 2015 reported that 56% of the population of South Korea did not affiliate with any religion, while according to Gallup International 15% identify as “convinced atheists”, potentially making it the fifth largest country for overt atheists in the world. By historical comparison, some figures actually record higher levels of “non-religious” affiliation in the early twentieth century, with non-theistic neo-Confucian beliefs widespread and considered “non-religious”. Other global religions in particular Christianity have gained ground since then, but there has been a marked trend toward overt non-religiousness or atheism in more recent decades.[ref]aljazeera.com/indepth/features/2017/05/young-south-koreans-turning-religion-170524144746222.html; revolvy.com/topic/Irreligion%20in%20South%20Korea[/ref]

LGBTQ+ rights

Discrimination against LGBTQ+ individuals is still widespread in South Korea. Article 31 of the National Human Rights Commission Act states that:

“no individual is to be discriminated against on the basis of his or her sexual orientation”.

However, Article 92 of the Military Penal Code prohibits any sexual activity between people of the same-sex within the military. Same-sex intercourse is referred to as “reciprocal rape”, regardless of consent, and can be punishable by up to a year in prison. Military service is compulsory for all men in South Korea. In May 2017, a soldier was given a six month prison term for having consensual sex with another soldier.[ref]amnesty.org/en/latest/news/2017/05/south-korea-soldier-convicted-in-outrageous-military-gay-witch-hunt/[/ref] In May 2020, some media outlets in Korea mistakenly attributed the source of a COVID-19 outbreak to a gay nightclub venue, which triggered a marked increase in online hostility towards the LGBTQ+ community.[ref]https://www.hrw.org/news/2020/05/13/covid-19-backlash-targets-lgbt-people-south-korea[/ref]

Christians represent a powerful lobby for traditional values, with some close links to politicians. The Anti-Homosexuality Christian Solidarity organization based in Seoul organizes social media campaigns supporting “the union of a man and a woman” (i.e. against same-sex marriage and relationships). Under pressure during the 2017 election campaign, Moon Jae-in – who has generally been regarded as progressive and pro-human rights politician – said that he was opposed to homosexuality, comments which he later apologized for.[ref]npr.org/sections/parallels/2017/07/25/538464851/for-south-koreas-lgbt-community-an-uphill-battle-for-rightshttps://www.nbcnews.com/feature/nbc-out/south-korean-presidential-hopeful-accused-anti-gay-comments-n751301 [/ref]

In August 2017, an LGBTQ+ rights foundation Beyond The Rainbow was finally allowed to register as a charity under the Ministry of Justice. This followed three years of discriminatory rejections from multiple government agencies.[ref]hrw.org/news/2017/08/04/south-korea-supreme-court-affirms-lgbt-rights[/ref]

Abortion ban

Article 269 of the Korean Criminal Code defines abortion as a crime. In 1986, The Mother and Child Act provided exceptions including cases of rape, incest, hereditary disorders or in case the mother’s health is in serious danger. However, these exceptions only apply before the 24th week of pregnancy and the decision does not belong to the woman alone: it is necessary under the law to obtain prior permission from the spouse or from a parental figure before undertaking an abortion.

Despite the restrictions, however, abortions are performed and the taboo is declining. The Korean College of Obstetricians and Gynaecologists suggests 3,000 abortions are performed daily.[ref]koreaherald.com/view.php?ud=20171203000239[/ref]

Illegal abortion is punishable by up to one year in prison or by a fine of 2 million won (US$ 1,820). Healthcare workers who provide abortions can face up to two years in prison. On average, less than 10 people are prosecuted every year. In April 2020, the Korean Constitutional Court ruled the abortion ban to be unconstitutional and ordered it to be revised by the end of 2020.[ref]https://www.bbc.co.uk/news/world-asia-47890065[/ref]

Ethnic discrimination

The country’s few ethnic minorities are subject to legal and societal discrimination. Migrants who are not considered to be “ethnic Koreans” face considerable difficulties acquiring citizenship. Widespread xenophobia exists and many migrant workers are forced into abusive employment situations. In November 2018, the arrival of around 500 Yemeni refugees at Jeju island led to anti-immigration protests culminating in 700,000 Koreans signing a protest calling for their deportation.[ref]https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23967&LangID=E[/ref]

Korea currently lacks a comprehensive anti-discrimination law, which makes it easier to discriminate against ethnic minorities and LGBTQ+ individuals. Seven attempts have been made in the past to establish such a law, but they all failed. Most recently, in June 2020, an anti-discrimination bill was put before the National Assembly, but it is yet to be seen whether it will be adopted during the next session. Conservative Protestant groups are reportedly opposed to the law on grounds that it poses a ‘threat’ to their freedom of religion in the name of equality.[ref]https://www.koreatimes.co.kr/www/nation/2020/07/356_292216.html[/ref]

Freedom of expression, advocacy of humanist values

Korea’s criminal defamation law is exceptionally harsh and allows for up to seven years of imprisonment and a fine up to 50 million won ($US 44,577). The law focuses solely on whether what has been written is in the public interest, and not on whether it is true or false.[ref]hrw.org/news/2014/12/14/south-korea-stop-using-criminal-defamation-laws[/ref]

The National Security Law, enacted in 1948, aimed to limit espionage and other dangers from the North, including publication of messages that are perceived as advocating support for the North. The law, sometimes regarded as a remnant of the Cold War, other times as a necessary bulwark against propaganda from the North, remains controversial in South Korea for its ambiguity and potential criminalization of legitimate free expression.

South Korea has not ratified the International Labour Organization’s fundamental conventions on freedom of associations, and on the right to organize and collectively bargain. The Korean Teachers and Education Workers’ Union (KTU) and the Korean Government Employees Union (KGEU) have been denied the ability to legally register as Unions and are not recognized by the government.[ref]hrw.org/world-report/2018/country-chapters/south-korea[/ref]

Media freedom

The news media in the Republic of Korea is generally free and competitive, newspapers are privately owned and report extensively on the state of the government. However, the existence of the punitive defamation law, under which truthful statements can still lead to criminal liability, continues to exercise a chilling effect on journalistic freedoms. Past prosecutions made pursuant to the defamation law have targeted those exposing political interference by the executive branch, reporting on leaked government documents and criticising the government’s response to crises.[ref]https://www.article19.org/resources/south-korea-repressive-criminal-defamation-provisions-threaten-freedom-of-expression/[/ref]