In August 2006, a complainant only known as Bae (24) filed a complaint to the effect that "The Special Warfare Command"s disqualification of divorced females from sergeant recruitment is a discriminatory act." On December 22, 2006, the National Human Rights Commission of Korea (NHRCK) determined that such act was discriminatory, violating the right to equality. Accordingly, the NHRCK recommended to the Army and Special Warfare Command that appropriate measures be taken to prevent exclusion of divorced women from sergeant recruitment and that the provision allowing only unmarried women to become female sergeant candidates be deleted.
Following its receipt of the NHRCK"s recommendation, the Army notified the NHRCK in April 2007 of its decision to rectify the systems and practices requiring only female applicants to be unmarried by (i) classifying divorced female sergeant applicants as unmarried women; (ii) deleting the provision requiring only female candidates to be unmarried (proviso of Article 19 of the Army Regulations #106); and (iii) amending the provisions permitting only unmarried women to apply for recruitment as women"s army corps members (commissioned officers and sergeants), sergeants selected among civilian applicants, and commissioned nursing officers (Army Regulations #105 and 106).
The NHRCK expects that the Army"s acceptance of the NHRCK"s recommendation and rectification of its regulations requiring only female candidates to be unmarried in sergeant recruitment will have a positive effect on the employment systems and practices in the other areas of the public sector as well as in public enterprises and private companies.
* Army Regulation #106 (provision on acquisition and appointment of sergeants)
Article 19② Male and female nationals of the Republic of Korea aged 18 to 27 as of the date of appointment; provided, however, that female applicants shall be unmarried women.
