Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Opinion on the Partial Amendment to the Military Service Act proposed by Legislator Kim Sung-whoi [2008] KRNHRC 27 (1 July 2008)

In July 2008, the Ministry of Defense asked the Commission to present an opinion on
the Partial Amendment to the Military Service Act proposed by Legislator Kim Sung-whoi.
The Commission reviewed the proposal, because the proposal was related to protection
of the fundamental rights protected by the Constitution such as the right to equality and the
right to public service. The amendment aimed to give extra scores (less than two percent of
total score) to those who had finished the mandatory military service in civil servant
recruitment examinations.

The Commission found that the proposed revision was not reasonable and balanced,
because it would discriminate against women, people with disabilities, and those exempted
from the military service, and give preferential treatment only those who finished their
military service and took a public servant exam.

Therefore, the Commission presented the opinion that the Ministry of National Defense
should find a more reasonable and appropriate means to give advantages to those who have
finished the military service than the current extra score system that discriminates against
those who have no chance to serve in the military.