Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Age Discrimination in Grades for Teachers Assigned Overseas [2004] KRNHRC 34 (1 March 2004)

In January 2003, the complainant filed a petition against the Minister of Education and
Human Resources Development in March 2004, claiming that, "It is in violation of the
right to equality to impose age limits on public educational officers to be assigned
overseas; 58 years old or younger for principals, 56 years old or younger for vice-
principals, and 46 years or younger for ordinary teachers". The Commission concluded that
Subparagraph 3, Paragraph 1, Article 2 of the Rules on Personnel Administration of
Educational Public Officials to be Assigned Overseas revised on June 27, 2003, which
stipulates age requirements for qualification of educational public officials to be assigned
overseas at 58 years old or younger for principals, 56 years old or younger for vice-
principals, and 46 years or younger for ordinary teachers is in violation of the rights to
equality without reasonable grounds. The Commission recommended that the Minister of
Education and Human Resources Development revise the law.

During the investigation, the minister maintained that it was reasonable to impose age
limits by rank when assigning public educational officials overseas because
(1) Parents and students of Korean schools overseas want young teachers;
(2) teachers who are exemplary and active in every respect need to be assigned;
(3) principals are generally older than teachers; and
(4) the assignment of older teachers is more costly due to their higher salaries.
Lifting the age limits could, therefore, compromise the quality of education.
The statistics submitted by the Ministry of Education and Human Resources Development
militate against the minister's view. They reveal that
(1) when asked about the age of teachers, 25% of parents and students of Korean schools overseas
declared that `Age does not matter'. In fact, 41% of parents of 9th to 12th graders answered that they wanted
teachers aged between 41 and 50 because they have more experience. Thus, the assertion
of the ministry that younger teachers were wanted was not persuasive.
(2) The ministry intends to ensure the high quality of education by selecting exemplary and active teachers.
This cannot be achieved by imposing age limits.
(3) Although salaries paid increase as years of service accumulate, when all factors such as dependent
allowances and assistance for tuition of children are taken into account, the assertion of the ministry that the total
number of teachers assigned overseas must be reduced if age limits are removed, which in
turn, should lead to lead to lower quality of education, was found to be groundless. Taking
all factors into consideration, the Commission recommended that the Minister of Education
and Human Resources Development revise the Attached Table 1 of Subparagraph 3,
Paragraph 1, Article 2 of the Rules on Personnel Administration of Public Educational
Officials to be Assigned Overseas.