The National Human Rights Commission of Korea (NHRCK) issued recommendations to the Commissioner General of the Korean National Police Agency, Administrator of the National Emergency Management Agency, Minister of Justice, and Minister of Construction and Transportation that they lift unnecessary restrictions on height and weight in employment, pointing out that height and weight requirements for applicants for positions of police officers, fire fighters, correctional officers, juvenile protection officers, and railway safety officers and staff constitute violations of the right to equality based on physical condition.
In response to the recommendations, the ministers and heads of the agencies have taken steps to varying degrees as follows:
The Administrator of the National Emergency Management Agency fully accepted the NHRCK recommendation. On December 12, 2005, the Agency notified the NHRCK of its decision to lift the height and weight restrictions from the application qualifications in the employment of fire fighting civil servants. The Agency also indicated its intention to no longer require a 50-meter run and push-ups in its physical fitness test for employment and instead to newly include tests of the strength of grip and abdominal muscles as well as sit-ups, which are more relevant to the job requirements.
On May 9, 2006, the Minister of Construction and Transportation notified the Commission that the Ministry is planning to scrap its disqualification criteria for the selection of railway safety officers and staff, which define the physical conditions of qualified candidates. Instead, the Ministry said it would commission a professional research institute with the development of a physical fitness test that is well suited to the jobs and introduce the new test in consultation with the Civil Service Commission for use in 2008 and afterwards.
The Minister of Justice has maintained such restrictions in the employment of correctional officers and staff, but indicated that he/ or she is open to discuss improvements to the job performance and capability assessment system with the Civil Service Commission. With respect to the employment of civil servants for juvenile protection, the Ministry already removed the height and weight restrictions from the laws and regulations applicable to employment of civil servants for juvenile protection.
The Commissioner General of Police informed the Commission that the Agency would continue to use the current selection criteria since height and weight restraints were to some degree necessary considering the nature of police work and the average physical constitution of the Korean people. However, it also stated that when public safety improves enough and the public reaches a consensus on the issue, the Agency would revisit the possibility of easing the physical requirements after in-depth study.
In short, the Administrator of the National Emergency Management Agency and the Minister of Construction and Transportation have willingly accepted the NHRCK" s recommendations to rectify unreasonable, discriminatory employment rules and practices; the Minister of Justice has been selective in lifting such discriminatory selection criteria; and the Commissioner General of Police has shown a lukewarm response. The Commission reiterated its recommendations to the Minister of Justice and the Commissioner General of Police to make necessary corrections as soon as possible.
