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Investigation and Remedies of Violations of Right to Equality [2005] KRNHRC 17 (4 April 2005)

Violations of right to equality refers to the violation of rights that are guaranteed under
Article 11 of the Constitution in relation to the performance of duties by a government
organization, local government bodies, or detention/protection facilities (excluding the
National Assembly's legislative activities and trial by the courts and the Constitutional
Court). It primarily refers to cases of unreasonable favorable treatment, exclusion,
differentiation, or unfavorable treatment of a specific person without reason by an
administrative body.

An inmate who was imprisoned at the Penitentiary for a drug offense filed a petition
claiming that the practice of asking inmates who are subject to special supervision such
as drug offenders to write and submit a pledge "not to neglect or refuse work and to
abide by the rules at the work site and try not to disrupt the atmosphere at work" was an
unreasonable discrimination.

Upon investigation, the Commission concluded not only that the practice of asking
inmates to write such a pledge had no basis in law, but that such a practice was not proved
to prevent violations and it was an unreasonable violation of the right to equality.
In April 4, 2005, the Commission recommended to the Minister of Justice and the
warden of the Penitentiary to abolish the practice of asking drug offenders and other
special offenders upon release to write such a pledge. Accordingly, the Penitentiary
discontinued the practice and the Minister of Justice issued an official notice to all
penitentiaries nationwide to abolish such a practice.