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Opinion on the lawsuit on the military decision on the retirement of a female military officer [2008] KRNHRC 22 (6 April 2008)

The Commission submitted its opinion on the lawsuit regarding the retirement decision
of a female lieutenant colonel to the Seoul High Court It found that the case was important,
as it related to human rights issues including the freedom of job selection and equal rights.
The Ministry of National Defense ordered a female lieutenant colonel, who was back at
work after finishing her cancer treatment, to retire from service. The officer filed a lawsuit
pleading that the Ministry withdraw its order.

The Commission found that the Ministry order deprived the officer of her career, even
though the officer was able to fulfill her duty as a military officer. It concluded that the
Ministry violated the principle of proportionality and freedom of career selection, and that
the retirement order made only on the basis of medical history constituted a discrimination.
The Commission submitted its opinion to the Seoul High Court that the Ministry of
National Defense should withdraw its order, because it would violate the rights of the plaintiff.
On April 6, 2008, the Seoul High Court ruled in favor of the plaintiff. In May, 2008, the
plaintiff was back at work. In August 2007, the Ministry of National Defense revised the
Enforcement Regulations of the Military Human Resources Management Act, which was
the cause of the lawsuit, to allow soldiers with disabilities to continue to perform their duty
after a review.