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Investigation and Remedies of Discriminatory Practices Based on Gender [2005] KRNHRC 4 (1 January 2005)

Acknowledging the principle of gender equality as a foundation, discrimination based on
gender refers to any act of favorable treatment, exclusion, differentiation, or unfavorable
treatment in every aspect of the society for the reason that one is a male or female.
Matters subject to gender discrimination include not only unequal treatment of one sex
that is direct and apparent, but also indirect discrimination that involves applications of
standards or regulations that seem to apply equally to all people but in effect results in
unequal treatment of one sex. A certain Sung Doe filed a petition that the practice at the
Elementary School of assigning class attendance numbers starting from number 1 to
male students first and then assigning numbers to female students roughly from number
30 onwards was gender discriminatory.

Upon investigation, the Commission found that the practice of giving priority to male
students in assigning class attendance numbers could unconsciously instill an idea of
male dominance in the children's mind and amounted to gender discrimination. The
Commission concluded that it was unreasonable discrimination of the female student's
right to equality, because the resulting negative impact would be far greater than the
convenience in managing students to be justified.

The Commission recommended the principal of Elementary School not to
discriminate on the basis of gender when assigning attendance numbers to students and
the principal accepted the Commission's recommendation.