"Three to Gain Admission to a School for the Visually-Impaired" (03-28-2003)
During NHRC investigation, South Jeolla Province Office of Education rescinds age limit to permit admission
The National Human Rights Commission (NHRC) investigated a complaint filed against the South Jeolla Province Superintendent of Educational Affairs and the principal of Eungwang School (a special education school for the visually impaired), located in Yeong-am City, South Jeolla Province. The 4 March 2003 complaint—charging that the school “committed a discriminatory act on the basis of age”—was filed by Mr. KIM (male, 42) and three other visually impaired persons when they were refused admission to Eungwang High School on account of their age. In the course of the NHRC investigation, which began on 5 March 2003, the South Jeolla Province Office of Education, the agency overseeing Eungwang School, voluntarily rescinded the age-restriction guidelines and decided that the complaint filers be admitted to the school.
The NHRC investigation found that the Eungwang School side had based its rejection of the remedy-petitioners on the “Guidelines on school-going age (overage)” of the “Plan for Administering Special Education in South Jeolla” drawn up by the South Jeolla Province Office of Education. Additionally, in comparison to the age of the petitioners rejected for admission—three of the petitioners were over forty—these guidelines stipulated that high school entrants be under age 23. On the other hand, after the NHRC began its investigation, the South Jeolla Province Office of Education concluded that their “Guidelines on school-going age (overage)” violated the right to equality and the right to an education enshrined in articles 11 and 13, respectively, of the Constitution; accordingly, on 15 March 2003, the office voluntarily rescinded the age restrictions and on 20 March 2003 sanctioned admission for the remedy-petitioners.
The NHRC concluded that the age restrictions of the “Guidelines on school-going age (overage),” applied on the petitioners by Eungwang School, conflicted with the prohibition of 18 types of discriminatory actions as explicitly stated in clause 2 of article 30 of the National Human Rights Commission Law. The NHRC will continue its efforts to rectify discriminatory acts based on age and other grounds.
