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National Human Rights Commission of Korea - Complaint Summaries

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Investigation and Remedies of Discriminatory Practices Based on Age [2005] KRNHRC 24 (18 October 2005)

Investigation and Remedies of Discriminatory Practices Based on Age

A certain Cho Doe filed a petition stating that Provincial School Board changed the
eligible age limit to sit the qualifying examination for the position of ninth level
regional public servants from between 18 to 40 in 2004 to between 18 and 28 in 2005,
thus unfairly taking away job opportunities from prospective applicants of ages
between 29 through 40 who were preparing for the examination based on the 2004 job
notice. The petition alleged that the new eligibility rule constituted discrimination
based on age.

Upon investigation, the Commission found that putting an age restriction for applicants
aged between 18 through 28 could not be acknowledged as an essential qualification
for the job, and determined the action to be in violation of the right to equality by
engaging in unreasonable discrimination on the basis of age.

On October 18, 2005, the Commission recommended the superintendent of
Province Education Office to amend the office's relevant personnel guidelines not to
limit entry the ninth-level regional public servant position for those between 18 and 28.
The superintendent of Province Education Office is currently reviewing the
recommendation.


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