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Investigation and Remedies of Discriminatory Practices Based on Physical [2005] KRNHRC 5 (1 January 2005)

Conditions such as Personal Appearance
Discrimination on the basis of physical condition such as personal appearance refers to
an act of discrimination without reasonable grounds for the reason of appearance,
impression, hairstyle, birthmark, scar, height, weight, body shape, and other physical
attributes and physical capacities such as physical strength.

A certain Kim Doe and others filed a petition contending that height and weight
restrictions in eligibility for public servant positions in fields of the police department,
fire department, corrections, youth protection, and railroad security amount to
discrimination, and requested for remedial measures.

Upon investigation, the Commission concluded that physical capabilities differ from
person to person, and in the case of hiring government employees for positions in the
police, fire department, corrections, youth protection, and railroad security, each
employer must follow a scientific and objective method of measuring the necessary
physical capabilities for the job by taking the specific needs of each administrative
organ into consideration. The current practice of applying a uniform basis of eligible
height and weight to applicants, therefore, was found to be not an appropriate
barometer, thus constituting a violation of right to equality.

The Commission recommended the Police Commissioner, Superintendent of Fire
Department, Minister of Justice, and Minister of Construction and Transportation not to
place restrictions on height and weight in the hiring of government employees.
In response, Minister of Justice accommodated the recommendation with regard to
youth protection jobs, but not in the case of corrections. Superintendent of Fire
Department fully accepted the recommendation, while the Police Commissioner and
Minister of Construction and Transportation are reviewing the recommendation.