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UN pressures Korea to pass anti-discrimination laws
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Kepler



Joined: 24 Sep 2007

PostPosted: Fri Oct 10, 2014 11:52 pm    Post subject: UN pressures Korea to pass anti-discrimination laws Reply with quote

“A U.N. expert on racism called on the South Korean government Monday to tackle the country’s xenophobia issue by stepping up education and legislating comprehensive anti-discrimination laws....

“To improve the situation of racism in the country, Ruteere stressed the importance of education on racism and xenophobia, while suggesting the enactment of a comprehensive anti-discrimination act. ‘(It is also important) to ensure that the media is sensitive of the responsibility to avoid racist and xenophobic stereotypes and that these are properly addressed and perpetrators punished where appropriate.’”
http://www.koreaherald.com/view.php?ud=20141006001064

I wonder what Ban Ki-moon has to say about this. I know that Amnesty International has expressed a lot of concern about the way migrant workers are treated here. It seems the passage of such legislation could potentially affect English teachers. Schools that make hiring decisions based on race/age/gender could face legal consequences. Bars and nightclubs that ban people based on nationality could too. Some Koreans claim such changes would result in minority groups enjoying special protections that they don't enjoy.
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Fox



Joined: 04 Mar 2009

PostPosted: Sat Oct 11, 2014 1:10 am    Post subject: Re: UN pressures Korea to pass anti-discrimination laws Reply with quote

Kepler wrote:
Some Koreans claim such changes would result in minority groups enjoying special protections that they don't enjoy.


They are de facto correct. "Anti-discrimination" laws open the door for any perceived minority to sue if they are either fired or not hired in the first place. It does not mean that they will always win the suit, but it does introduce an element of risk calculation that affords such groups an additional sort of protection not enjoyed by non-minorities. Whether Koreans want to inflict such a burden upon themselves is up to them. What's less controversial is the notion that the Korean government should make greater efforts to ensure that employers abide by the terms of labor contracts, especially regarding imported laborers, who may not have much recourse.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Sat Oct 11, 2014 5:05 am    Post subject: Reply with quote

What the UN expert discusses is a wide range of measures. As stated it is up to Korea and Koreans to decide which measures they want to apply/enforce, how and on what scale.

The real target would need to be the DDD workers (migrant manual laborers for the most part). They do need more protection in many cases. A law or more regulation would likely improve their lot.

English teachers are in a completely different category and their situation is nowhere near comparable to DDD workers. The hiring practices described in the OP would be hard to prove and harder to attack legally. Furthermore, who exactly would sue the employer? The prospective English Teacher? That seems very unlikely considering the means at the disposal of most new applicants (new grads looking to clear student loans) and their outlook and priorities (Korea being just one possible destination out of many).

The same goes for nightclubs, who would actually sue a nightclub?

I agree that the main point should be to aim at improving the system in terms of contractual respect, something that has already improved in leaps and bounds when compared to a short 10 years ago.



Finally xenophobia is something that is quite hard to get at. It typically cannot be legislated away.
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Cave Dweller



Joined: 17 Aug 2014
Location: Seoul

PostPosted: Sat Oct 11, 2014 5:36 am    Post subject: Reply with quote

First thing they need to do is do away with asking for a photo with a resume. That is the first step in discrimination.

Hmm, too black, too old, ugly weiner, throw the resume in the trash.
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Chaparrastique



Joined: 01 Jan 2014

PostPosted: Sat Oct 11, 2014 6:23 am    Post subject: Reply with quote

A system should be put in place to enforce the hiring of E2 teachers based on qualifications and experience.
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Cave Dweller



Joined: 17 Aug 2014
Location: Seoul

PostPosted: Sat Oct 11, 2014 7:12 am    Post subject: Reply with quote

I don't think discrimination can ever fully be eliminated from the hiring process. They can always find a different excuse not to hire someone. He had a bad attitude, he answered his phone in the interview, etc.

Eliminating the photo requirement would be the first step.

Chaparrastique wrote:
A system should be put in place to enforce the hiring of E2 teachers based on qualifications and experience.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Mon Oct 13, 2014 3:44 pm    Post subject: Reply with quote

There was a proposed bill in place to outlaw all kinds of discrimination but it failed due to outside pressure. I think they tried to pass too much too quickly. Even in the west it took time to pass these things. First racial discrimination, then 20 or 30 years later came the other isms like ageism, sexism, sexual orientation, etc. This proposed bill before the Korean legislature had everything in it all at once and failed. They should pare it down and focus only on racism, perhaps ageism, and then try to pass the others seperately at a future date.
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northway



Joined: 05 Jul 2010

PostPosted: Mon Oct 13, 2014 5:34 pm    Post subject: Reply with quote

PatrickGHBusan wrote:
What the UN expert discusses is a wide range of measures. As stated it is up to Korea and Koreans to decide which measures they want to apply/enforce, how and on what scale.

The real target would need to be the DDD workers (migrant manual laborers for the most part). They do need more protection in many cases. A law or more regulation would likely improve their lot.

English teachers are in a completely different category and their situation is nowhere near comparable to DDD workers. The hiring practices described in the OP would be hard to prove and harder to attack legally. Furthermore, who exactly would sue the employer? The prospective English Teacher? That seems very unlikely considering the means at the disposal of most new applicants (new grads looking to clear student loans) and their outlook and priorities (Korea being just one possible destination out of many).

The same goes for nightclubs, who would actually sue a nightclub?

I agree that the main point should be to aim at improving the system in terms of contractual respect, something that has already improved in leaps and bounds when compared to a short 10 years ago.



Finally xenophobia is something that is quite hard to get at. It typically cannot be legislated away.


Who would sue a nightclub? Well, it's not exactly a lawsuit, but there was this situation in New York: http://www.dnainfo.com/new-york/20130627/times-square-theater-district/times-square-club-fined-20k-for-barring-non-korean-patrons. The really hilarious thing here to those who are familiar with Korean culture is that Circle is a booking club, so it kind of makes perfect sense that they would try to restrict access to Koreans only, legal or not. The cycle of the North American Asian club tends to be that it opens, gets popular with Asians via heavy promotion to Asian specific groups (often student groups at nearby universities), then non-Asians start to move in and Asian girls start to move elsewhere, often to avoid black clientele, eventually resulting in a club just like all the rest but with an oddly Asian name (Orchid, Tokyo, Jasmine, Buddha, etc.).
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Cave Dweller



Joined: 17 Aug 2014
Location: Seoul

PostPosted: Mon Oct 13, 2014 5:39 pm    Post subject: Reply with quote

The fine seems appropriate. Suing is a legal headache.

The ironic part is, the club denying people was probably doing them a favour. I don't know anyone in their right mind who would want to go to a Korean club. I'd only go if someone else was paying and they were paying the waiter to find ladies to sit next to me and laugh at my jokes, pour my drinks, and rub my crotch.

northway wrote:
PatrickGHBusan wrote:
What the UN expert discusses is a wide range of measures. As stated it is up to Korea and Koreans to decide which measures they want to apply/enforce, how and on what scale.

The real target would need to be the DDD workers (migrant manual laborers for the most part). They do need more protection in many cases. A law or more regulation would likely improve their lot.

English teachers are in a completely different category and their situation is nowhere near comparable to DDD workers. The hiring practices described in the OP would be hard to prove and harder to attack legally. Furthermore, who exactly would sue the employer? The prospective English Teacher? That seems very unlikely considering the means at the disposal of most new applicants (new grads looking to clear student loans) and their outlook and priorities (Korea being just one possible destination out of many).

The same goes for nightclubs, who would actually sue a nightclub?

I agree that the main point should be to aim at improving the system in terms of contractual respect, something that has already improved in leaps and bounds when compared to a short 10 years ago.



Finally xenophobia is something that is quite hard to get at. It typically cannot be legislated away.


Who would sue a nightclub? Well, it's not exactly a lawsuit, but there was this situation in New York: http://www.dnainfo.com/new-york/20130627/times-square-theater-district/times-square-club-fined-20k-for-barring-non-korean-patrons. The really hilarious thing here to those who are familiar with Korean culture is that Circle is a booking club, so it kind of makes perfect sense that they would try to restrict access to Koreans only, legal or not. The cycle of the North American Asian club tends to be that it opens, gets popular with Asians via heavy promotion to Asian specific groups (often student groups at nearby universities), then non-Asians start to move in and Asian girls start to move elsewhere, often to avoid black clientele, eventually resulting in a club just like all the rest but with an oddly Asian name (Orchid, Tokyo, Jasmine, Buddha, etc.).
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KimchiNinja



Joined: 01 May 2012
Location: Gangnam

PostPosted: Mon Oct 13, 2014 7:35 pm    Post subject: Reply with quote

Oh Christ, another thread of Westerners talking about racism. Rolling Eyes
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Cave Dweller



Joined: 17 Aug 2014
Location: Seoul

PostPosted: Mon Oct 13, 2014 10:18 pm    Post subject: Reply with quote

Yeah KN, let's ignore it. Maybe it will go away.

I love ostriches.

KimchiNinja wrote:
Oh Christ, another thread of Westerners talking about racism. Rolling Eyes
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KimchiNinja



Joined: 01 May 2012
Location: Gangnam

PostPosted: Mon Oct 13, 2014 10:24 pm    Post subject: Reply with quote

Cave Dweller wrote:
Yeah KN, let's ignore it. Maybe it will go away.


Exactly, Koreans don't care about this crap.

Q: What is worse, A) some tiny amount of real racists, or B) 300M fear-based Americans doing a witch hunt for racists?

A: B)
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Cave Dweller



Joined: 17 Aug 2014
Location: Seoul

PostPosted: Mon Oct 13, 2014 11:20 pm    Post subject: Reply with quote

It is no tiny number. But whatever floats your boat. Be sure to move back to the states before you age out and become unemployable.

KimchiNinja wrote:
Cave Dweller wrote:
Yeah KN, let's ignore it. Maybe it will go away.


Exactly, Koreans don't care about this crap.

Q: What is worse, A) some tiny amount of real racists, or B) 300M fear-based Americans doing a witch hunt for racists?

A: B)
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KimchiNinja



Joined: 01 May 2012
Location: Gangnam

PostPosted: Mon Oct 13, 2014 11:32 pm    Post subject: Reply with quote

Cave Dweller wrote:
It is no tiny number.


Large number, small number, pay attention to it, or ignore it, human nature WILL NOT change. Thus pointless waste of time.

Cave Dweller wrote:
Be sure to move back to the states before you age out and become unemployable.


Oh look, more fear-based thinking. What a coincidence.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Tue Oct 14, 2014 8:20 am    Post subject: Reply with quote

Getting rid of the photo will not change much...

Most employer/recruiters require information that includes date of birth. That coupled with gender (ie its in your name) means that if an employer wishes to hire female teachers, white teachers...he or she can.

Furthermore, as long as the market remains an employers market with a glut of applicants, employers/recruiters can pick and choose.
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