Being treated unfairly in Korea because of your country of origin, skin color, religion, visa status, or similar reasons is discrimination. Discrimination is not something you have to silently endure — it is something you can officially report and get help with. The most important point to know first: anyone can file a discrimination complaint regardless of their immigration status, and it is free of charge. Even if you are undocumented, you will not face any disadvantage simply for reporting. This guide explains what counts as discrimination, where and how to report it, and what happens after you do.
Process Overview
- 1. Submission
Submit a complaint to the National Human Rights Commission of Korea (NHRCK) by phone (1331), online, in person, by post, fax, or email.
- 2. Investigation
The NHRCK verifies the facts, reviews the other party's account, and examines any submitted evidence.
- 3. Resolution (recommendation, mediation, or agreement)
If discrimination is confirmed, the NHRCK issues a corrective recommendation to the other party, or the matter is resolved through mediation or a direct agreement between the parties.
- 4. Referral (where applicable)
If the matter falls under a separate legal remedy procedure, it is referred to the relevant authority, and the complainant is notified.
- 5. Objection (where applicable)
If you receive a decision in lieu of mediation, you may file an objection within 14 days of the date the decision is delivered to you.
What Counts as Discrimination?
Discrimination means treating someone unfavorably without a reasonable justification, based on race, skin color, ethnicity, country of origin, religion, immigration status, or similar grounds. The phrase “without a reasonable justification” is key. Being treated differently not because of poor performance, but simply because you are a foreigner, is discrimination. Examples of situations that may constitute discrimination include the following.
- Being refused access to facilities or denied a contract — at a restaurant, accommodation, gym, bank, or similar place — solely because you are a foreigner
- Receiving lower wages, worse conditions, or fewer holidays than coworkers doing the same job, based on your nationality
- Being insulted, mocked, or harassed because of your country of origin, appearance, or accent
- Being refused a rental property because you are a foreigner, or being asked for a higher deposit than others in the same situation
Even if something feels like a minor isolated incident, it may still be recognized as discrimination if it is repeated or clearly intentional. You do not have to be the person directly affected: if you witnessed discrimination happening to someone else, you can file a complaint on their behalf.
Where and How Do I Report?
If you have experienced discrimination, you can file a complaint with the NHRCK using any of the following methods. You do not need to be fluent in Korean.
- Call 1331. You can call this number free of charge from anywhere in Korea without dialing an area code. Human rights specialists answer the line on weekdays from 9 a.m. to 6 p.m. If you are unsure how to file a complaint, calling first to ask is a perfectly good approach.
- File online. You can submit a complaint form at any time, day or night, through the NHRCK website. This is available on evenings and weekends as well.
- File in person, by post, fax, or email. You can visit the NHRCK directly, or write out your complaint and send it by post or email.
In your complaint, simply describe who did what, when, and where. Your writing does not have to be perfect — what matters most is describing what happened honestly and accurately.
What Happens After I Report?
Once you submit a complaint, it is processed through a set procedure. The steps are as follows.
- Submission: The NHRCK receives and registers your complaint as a case.
- Investigation: The NHRCK verifies the facts of the matter. They also hear the other party’s account and review any evidence submitted.
- Resolution: If discrimination is confirmed, the NHRCK issues a corrective recommendation to the other party. This may include recommendations to stop the discriminatory conduct, restore the situation to how it was before, pay compensation for damages, take measures to prevent recurrence, or improve discriminatory practices or policies. During the investigation, the case may also be resolved through a direct agreement between the parties, or through a formal mediation process.
If the matter falls under a separate legal remedy procedure provided by another law, the NHRCK will refer the case to the relevant authority and notify you of this. For example, workplace discrimination may also involve procedures handled by the Ministry of Employment and Labor.
If you receive a decision in lieu of mediation through the mediation process, you may file an objection within 14 days of the date the decision is delivered to you. If you do not raise an objection within that period, you are considered to have accepted the decision. Please read any decision you receive carefully.
An NHRCK recommendation is different in nature from a legally binding court judgment, but it carries real weight as a formal, official recognition of discrimination and a public call for correction. There are cases where discrimination against foreigners has been confirmed (for example: Discrimination found in refusal to open a bank account for an Iranian national). (Note: there may be a time limit for filing a complaint, counted from when the discrimination occurred, so it is best to report as soon as possible. Contact 1331 to confirm the exact deadline.)
Additional Channels by Situation
Depending on the type of discrimination you experienced, the following channels may also be helpful alongside the NHRCK.
- Workplace discrimination or harassment: If you are receiving lower wages than coworkers doing the same job, or if you are being harassed at work, you can also file a complaint with the Ministry of Employment and Labor. See Reporting Workplace Harassment and Labor Rights Basics.
- Sexual harassment or sexual violence: If you have experienced sexual harassment or assault, a separate course of action is needed. See How to Deal with Sexual Harassment.
- Violence, threats, or physical danger: If you are being physically threatened, assaulted, or intimidated, call the police at 112 before filing an NHRCK complaint. You can request interpreter assistance. Your immediate safety comes first.
Preparing Before You Report
Being well prepared helps the investigation proceed more quickly and accurately. Please try to have the following ready.
- Record the date and details: Write down when and where it happened, who was involved, and exactly what was said or done, as soon as possible after the incident. Memories fade over time, so the sooner you record things the better.
- Gather evidence: Collect anything that shows the discrimination occurred — text messages, KakaoTalk conversations, audio recordings, photos, videos, written refusals, pay slips, and so on.
- Note any witnesses: If someone else was present, write down their name and contact information. Witness testimony can be very helpful.
- Organize relevant documents: Gather documents that help explain the situation, such as an employment contract, a lease agreement, or receipts.
Even if your evidence is limited, you can still file a complaint. Do not delay reporting just because you feel you do not have everything perfectly in order.
Frequently Asked Questions
I am undocumented. Can I still report? Yes. Anyone can file a discrimination complaint regardless of immigration status. Your identity and the fact that you filed a complaint are kept confidential.
Does it cost anything? No. Both filing a complaint and getting advice are free, and you do not need to hire a lawyer to file on your own. If legal terminology is difficult, you may also find the Refugee Legal Terms Dictionary useful.
What if the other party retaliates against me? Causing harm to someone because they filed a complaint is itself a human rights violation. If you are worried about retaliation, mention it when you call 1331 and discuss ways to protect yourself. If your personal safety is at risk, contact the police immediately at 112.
Does it have to be something that happened to me personally? No. If you know that someone else has experienced discrimination, you can file a complaint on their behalf.
Discrimination is not something you should have to endure alone and in silence. The channels listed above exist to help you, so please do not hesitate to reach out.