The National Human Rights Commission of Korea recommends abolishment of age discrimination within the Ministry of Construction and Transportation
The National Human Rights Commission (NHRCK) recommended recently that the Ministry of Construction and Transportation abolish their current system, which denies workers over the age of 65 the equal right to promotion for supervisor positions by employing a demerit system. This recommendation is a response to a case filed by an employee of the Ministry on January 3, 2007.
The complainant, 66-year-old man known as “Yoon,” submitted a complaint to the Commission stating, “The Ministry of Construction and Transportation lowers the status of prospective supervisors for housing construction projects if they are over the age of 65, making it difficult for us [to be promoted]. This discriminatory act violates our right to equal opportunity.”
The guidelines in dispute, No. 2005-552 (Supervisor Designation Standards for Housing Construction), were implemented by the Minister of Construction and Transportation in accordance with Article 24 of the Housing Act and Article 26(2) of the Ministry’s Enforcement Decree. These regulations clearly indicate that all prospective supervisors, in general and specialized fields, are to receive a 0.1-point demerit for each year past 65. A prospective supervisor may receive up to 0.5 points in demerit in this evaluation, as outlined in the Detailed Evaluation Criteria Regarding the Performance Ability of Prospective Supervisors table within the guidelines. These specific guidelines were also maintained in the revised guidelines (No. 2007-163), implemented on May 10, 2007.
Upon investigation, the Commission deems this treatment discriminatory in nature. Employment of a uniform demerit system based on age is considered unreasonable, as (i) the impairment of mental and physical abilities varies greatly among individuals regardless of age and (ii) the average age of people fit to work is rising with the rising average life span. Moreover, the Commission believes experience and competence to be equally, if not more, relevant to a supervisor’s ability to perform well. Based on these conclusions, the Commission recommends the abolishment of age consideration systems in the Ministry of Construction and Transportation’s guidelines for promotion.
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 citizens, along with educational initiatives for organizations.
