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Sex Discrimination in Determining Grades of Facial Scars [2004] KRNHRC 31 (1 January 2004)

The complainant filed a petition with the Commission against the Minister of Ministry of
Patriots and Veterans Affairs in May 2004. The complainant's wound incurred during
military service was rated `Grade 6-2'. His face suffered a cut of ten centimeters, and three
of his teeth were broken. However, wounds to female solders of the same degree as the
complainant are rated `Grade 5' in accordance with the Enforcement Decree of the Act on
the Support of Persons of Distinguished Services to the State, making women eligible for
higher pensions.

After investigation, the Commission found that the Enforcement Decree of the Acton the
Support of Persons of Distinguished Services to the State (Attachment 3 on Classification
of Grades of Wounds relating to Article 14 of the Act) applies different grades to the facial
scars of the same severity. According to the rules of the Decree,
(1) the same scope of `severe facial scars' is classified as `Grade 5-96' for women, but
`Paragraph 2-90 Grade 6' for men; and
(2) `scars on the face' are classified as `Paragraph 2-90 Grade 6' for women,
but `Grade 7-601' for men.

Regarding the rules, the Ministry of Patriots and Veterans Affairs explained that the
Enforcement Decree was formulated as a separate statute in 2000 in consideration of the
socially accepted idea that women suffer greater social damage due to scarring than men
and in military service as women. The ministry added that it will revise the related
regulations on grading wounds after sufficient research, including comparison of similar
legal systems in Korea and other countries and a workshop of medical doctors at a military
hospital.

The Commission decided that even after allowing for the purpose of the enactment of
the law, such criteria for grading was a discriminatory act in violation of the right to
equality without reason given that
(1) a scar on the face causes pain and damage to both men and women,
(2) other laws similar to the Enforcement Decree of the Act on the
Support of Persons of Distinguished Services to the State, including the Enforcement
Decree of the State Compensation Act, Enforcement Decree of the Industrial Accident
Compensation Insurance Act, and Enforcement Decree of the Guarantee of Compensation
for Car Accident Injury Act specify `those with facial scars' without any reference to
gender. Accordingly, the Commission recommended amendment of Article 14 of the
Enforcement Decree of the Act on the Support of Persons of Distinguished Services to the
State.