2008. 10.01
The NHRCK expressed it opposed opinion against a proposed bill revision of the Military Service Law submitted by the lawmakers which gives extra merits for males who completed their military service when applying for a public position. The Commission confirmed that the revision of the bill is against the right to equality for those who are socially disadvantaged such as women and persons with disabilities and the right to participate in public service and public affairs. Thus, it is against the fundamental rights which are guaranteed by the Constitution and the international human rights standards.
The Ministry of National Defense requested the Commission’s opinion on the proposed bill revision in July 2008. The main points of the proposed bill revision are; provide extra merits within 2 percent for each subject for those who apply for public organizations after completing military service; the expected number of the selected are limited in 20 percent and the number of times in providing additional credits are limited.
The Commission acknowledged the necessity of the policy to support stable return of those who completed their military service, but it should be reasonable and justifiable thus, the Commission reviewed the proposed bill revision on the basis that; it should not discriminate other people’s fundamental rights guaranteed by the Constitution; it does not exclude the socially disadvantaged who need special attention from the society; it should guarantee the equality of those who completed their military service and contain practical support.
Violation of the Right to Equality
The Commission deems the proposed bill revision to be unreasonable in that; it excludes the majority of females except for those who volunteered to the military service, persons with disabilities and males who are exempted from the military service for physical reasons; it excludes the socially disadvantaged who are classified as disqualified conscription status such as convicted persons under more than 18 months sentence, orphans, mixed-raced, naturalized citizens and middle school drop-outs; it has a high possibility of preferential treatment to a certain people who apply for public position and it does not hold the principle of equality even within those who completed their military service.
Violation of the Right to Participate in Public Service and Public Affairs
In an environment where employment for women and persons with disabilities is inferior and the slightest advantage can make a huge difference in results, fair competition is relatively possible in civil servant posts and competition for those jobs is becoming fiercer. However, the proposed bill revision still violates the principle of equality against women and persons with disabilities and the right to participate in public service and public affairs of those who are not eligible to get incentives.
Hence, the Commission confirmed that it is not reasonable to adopt the proposed bill revision because it infringes the fundamental rights such as the right to equality and the right to participate in public service and public affairs which are stipulated by the Constitution and the principle of non-discrimination such as International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
