The National Human Rights Commission of Korea recommends that employers reevaluate promotion qualifications for person with medical conditions
The National Human Rights Commission of Korea (NHRCK) recommended recently that the Minister of Construction and Transportation and the President of the Korea Railroad Corporation (KORAIL) revise regulations that automatically disqualify individuals with hepatitis from certain promotions, specifically the attached Table 2 of Article 12(2) of the Enforcement Rule of the Railroad Safety Act. This recommendation comes in response to a complaint submitted in February of 2007 by a railway worker, who claimed to have been denied promotion based on his medical history.
The complainant, a 30-year-old male railway station worker known as “Kim,” submitted a complaint to the Commission stating that he had “been denied the opportunity to take a test for promotion because of medical record.”
The respondents, the Ministry of Construction and Transportation, replied that the inclusion of chronic active hepatitis as a disqualifier for promotion to station manager was intended to ensure operational safety of trains transporting large numbers of passengers. KORAIL also stated that the internal regulations (‘Detailed Rules on Enforcement of Organizational Regulations’) clearly indicate the duties of a station manage, which include handling of signals, points and closers (maintaining safe distances between trains), and that applicants seeking to become station managers must pass a physical evaluation prior to examination.
The Commission determined that it was unreasonable for the respondents to conclude that all persons with chronic active hepatitis were unable to carry out the duties of a station manager without a proper medical diagnosis stating the individual’s physical limitations. Even if health and physical qualifications are established, such qualifications must be applied only in cases where failure to meet qualifications would directly affect job duties. Further, the inability to fulfill the duties must be determined by a doctor’s diagnosis reflecting the individual’s physical conditions.
Article 30(1)2 of the National Human Rights Commission of Korea Act prohibits any act of discrimination on grounds of medical history without reasonable cause. In order for discrimination on the basis of medical condition to be considered reasonable, regulations must not prove that certain medical conditions will prove dangerous for the job duties, or must prove that an individual has a record of not being able to fulfill job duties due to their medical condition directly.
After consulting with the Korea Medical Association and other relevant bodies, the Commission determined that the attached Table 2 of Article 12(2) of the Enforcement Rule of the Railroad Safety Act must be revised. The recommendation was issued to the Minister of Construction and Transportation and the President of KORAIL.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for residents, along with educational initiatives for organizations.
