Gender equality and legislative evaluation of gender-based laws in Korea

Abstract

ABSTRACT Korea’s Constitution, Article 11(1) prescribes, ‘All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status’. The Constitution prescribes equal protection of citizens regardless of their gender. In this article, the efforts and tools for ensuring gender equality in Korea are introduced. The discussion mainly focuses on gender impact assessment and how it improves equal protection in Korea. Gender impact assessment is necessary because it contributes to policy improvement by removing gender discrimination in law and policy. The assessment also helps in preparing a substantial policy that guarantees gender equality through equal policy benefit, equal participation, and equal budget distribution for men and women. This article also covers the role of the Constitutional Court of Korea as a reviewer of the constitutionality of gender-based laws. The Constitutional Court has the authority to judge a law as unconstitutional. This can be seen as a form of legislative evaluation in Korea.