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Investigation and remedies for discrimination based on physical condition such as countenance [2002] KRNHRC 5 (1 January 2002)

While prevailing trend in our society is to consider countenance important,
the society rarely consider it as a kind of discrimination, and so there were few
complaints of "discriminatory conduct based on physical conditions such as
countenance." Especially, it is presumed that there is a prevailing tendency to
undergo plastic surgery or a weight loss program by assuming economic
burdens even where disadvantage is imposed on the ground of countenance.
There were two complaints filed in connection with this ground of discrimination,
out of which the complaint of "discrimination based on countenance at the time
of recruitment of Women's Army cadets" was voluntarily dismissed because the
respondent amended the relevant regulations while the Commission's investigation
was in progress, and the remedial measure was taken as the petitioner was
enlisted. The remaining case is still pending on investigation.

In the complaint of "discrimination based on countenance at the time of
recruitment of Women's Army cadets," the petitioner, whose name was Kwon,
applied for recruitment to the Women's Army cadets, but was excluded because
she was tall (174 cm). The complaint asserted that, although the Army did not
set any height limit in its advertisement for recruitment, the Second Army
Command set a maximum height limit to 173 cm and excluded her. As a
remedy, the complaint sought a rectification of such discrimination since it
constituted "discriminatory conduct based on physical condition" violating the
her fundamental rights. Although the complaint was voluntarily dismissed and
consequently rejected after such remedial measures were taken, this case helped
to raise the awareness of the seriousness of discriminatory conducts imposing
disadvantages based on physical conditions such as countenance.