NHRCK notes that the National Police Agency providing history of personal investigation to an interview committee for the policemen recruitment may create an unfavorable environment to applicants who had went through the personal investigation. In this regard, NHRCK recommended the Chief of the National Police Agency to reform the interview system in order not to discriminate a person based on the record of investigation.
Three petitioners including Mr. Cho (male, 28) filed a complaint before the NHRCK on May 11, 2011 insisting that they could not pass the interview of the police recruitment due to their record of pecuniary offence or personal investigation which was acquitted.
NHRCK conducted a policy review based on the assumption that it may constitute discrimination to provide personal investigation history with interview committee members which is stricter than “grounds of disqualification” by law although it is hard to acknowledge the causal relationship between petitioners’ history of investigation and their failure in the interview.
During NHRCK’s investigation, the Chief of the National Police Agency claimed that because the police officers are required to have a high standard of integrity, the law-abiding spirit and morality, rules stronger than normal recruiting regulations are applied to interviewees pursuant to the Security Task Regulations. In this regard, a personal investigation history is being utilized during interview process instead of the final stage after potential incumbents are selected.
However, although NHRCK acknowledges the importance of value of the police, it believes that power of the Chief of the National Police Agency should be exercised within a reasonable scope in the process of evaluating such merit. The Constitution of the Republic of Korea guarantees the right to hold a public office, and NHRCK made a decision that the security check against interviewees are not justified by the legitimate personal investigation against potential incumbents provided by the Security Task Regulation proposed by the National Police Agency. Furthermore, the information contained in the security check is so excessive that minor offence records or investigation history may adversely affect the interview where his/her personality is assessed.
Therefore, NHRCK recommended the Chief of the National Police Agency to reform the interview system on the basis that using the record of personal investigation as one of assessment materials putting the interviewee in an unfavorable situation.
