The National Human Rights Commission of Korea (NHRCK) recommended the Air Force Chief of the General Staff to correct injustice and come up with prevention measures based on the decision that it is discrimination to refuse to appoint a person as a civil worker in the military due to his record of non-indictment 16 years ago which was found in the course of background check for employing civilian employee of Air Force.
The petitioner Mr. “A” (35years old) passed a written test and an interview and was included in the final list of successful candidates. However, the Air Force notified him that the background check found out some problem and Mr. A was no longer accepted as successful candidate. In this regard, Mr. A submitted an individual complaint before the NHRCK claiming that it is an unjust refusal of appointment.
Upon NHRCK’s investigation, it was found out that the Air Force Chief of the General Staff made a decision that Mr. A was unqualified for appointment at the Security Propriety Council based on the fact Mr. A was once interrogated in violation of the Act on the Assembly and Demonstration and his prosecution was suspended.
Regarding this matter, the Air Force Chief of the General Staff claimed it is within the reasonable scope of discretional act taking characteristics of the military and national security into account and the background check was conducted lawfully in accordance with Security Operational Rules.
Under the Act on the Lapse of Criminal Sentences, some of criminal records such as penalty sentence or non-prosecution shall be deleted after 10 years maximum from the Investigation Record List of the National Police Agency.
The NHRCK notes that it is unreasonable to cancel the appointment of Mr. A only because of 16-year-ago interrogation record. It is also in violation of the Act on the Lapse of Criminal Sentences which promotes ex-convict’s normal rehabilitation to the society. Therefore, it constitutes a discriminatory act in employment without justifiable reason.
Therefore, the NHRCK recommended the Air Force Chief to prepare preventative countermeasures and reconsider the appointment of Mr. A as a civilian employee of the Air Force.
