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Unreasonable distinctions : A comparative analysis of the definitional framework of Korea's new anti-age discrimination law

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  • Unreasonable distinctions
  • Harte, R. Joseph
  • Seoul National University(BK 21 Law)


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Title Unreasonable distinctions
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Sub Title

A comparative analysis of the definitional framework of Korea's new anti-age discrimination law

Material Type Articles
Author(English)

Harte, R. Joseph

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2009
Journal Title; Vol./Issue Journal of Korean Law:vol. 9(no. 2)
Pages 56
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Social Development < Employment
Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

Korea has recently enacted legislation that strengthens existing prohibitions on age discrimination by providing stiff penalties for violation. The core of any legislation lies in its definitional framework since it is through this framework that liability is ultimately established. This article examines and evaluates the scope and definitional language of the new Korean legislation through a comparative analysis of related provisions in the anti-age discrimination statutes of the US and UK. These jurisdictions are selected for comparison because they represent both a long-standing statutory regime and one that has been more recently established. The analysis reveals critical weaknesses in the structural and definitional aspects of the Korean legislation that may render determinations of liability ambiguous and therefore unreliable. (The rest omitted)