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Investigations and Remedies for Discrimination Based on Other Reasons [2008] KRNHRC 7 (1 January 2008)

Discrimination based on other reasons refers to acts of favorably treating, excluding,
differentiating, or unfavorably treating a person or a group of people in many areas
including employment, based on reasons other than the 19 reasons specified in the National
Human Rights Commission Act, without reasonable causes. Like the 19 reasons, "other
reasons for discrimination" should distinguish one group from the other. The distinction
between groups should be driven by social factors, not personal choices and might have
negative implications on Korean society.

(1) Selection of students who can use a study room based on academic performance
Shin, a high school student, filed a complaint that High School discriminated
agaianst students based on academic performance by allowing only students with good
grades to study in a room equipped with partitioned desks.
The principal of the high school said that about 30 students in each grade could use the
room during night hours and that the school selected students based on various factors
including academic reports, mock SAT scores, and their home environment. He claimed
that the school selected students in teacher meetings in each grade, in case that more than
30 students in each grade wanted to study in the study room.
However, an investigation found that the school selected students according to academic
performance in most cases, and applied criteria other than academic performance only
when students with good grades refused to study in the study room and therefore, there
were empty desks available. In a survey of 84 students in the second grade, the
Commission found that 72.6 percent of the students did not agree on the selection criteria,
because they felt a sense of inferiority and alienation when they were left in the classroom.
Therefore, the Commission concluded that the respondent's act was in violation of the
right to equality under Article 11 of the Constitution and discrimination on the basis of
academic performance in the use of education facilities, without reasonable causes. It
recommended that the respondent develop reasonable guidelines and measures to operate
the study room in order to ensure that equal education opportunities and quality education
are provided to all students.

(2) Discrimination in employment on the basis of membership in a political party and political activities
Sung, a contract worker of Public Corporation, filed a complaint that Public
Corporation discriminated against him on the basis of membership in a political party and
political activities by excluding him from the list of candidates for permanent workers.
The respondent claimed that Article 47 of the Human Resources Bylaws prohibited
political membership of employees and that a person who joined a political party might not
fulfill his or her duty in a fair way as an employee of Public Corporation.
After an investigation, the Commission concluded that the respondent violated the
freedom of joining a political party under Article 8.1 of the Constitution and Article 22.2
of the Political Party Act, and excluding the complainant from the list was discrimination
without reasonable causes.
The Commission recommended that the respondent revise the human resources bylaws
and initiate the review process to hire the complainant as a permanent worker.