The National Human Rights Commission of Korea (NHRCK) recommended that the Armed Forces Nursing Academy (AFNA) revise its academic disciplines and standards for disqualification of cadet applicants in physical examination to allow the admission of men. These disciplines and standards allow only women to become cadets of the AFNA and impose more stringent selection restrictions on them with regard to height, weight, and genu varum (commonly known as bowed legs) than those applicable to nurse officers of the Republic of Korea Army.
The Commission recognized that the AFNA had imposed eligibility requirements for new cadets, including requirements that candidates be only female and single, and specific physical conditions despite the fact that it should provide equal educational opportunities as an educational institute for training of elite nurse officers at the government" s expense. Based on the determination that this situation might constitute unreasonable and serious discrimination, the Commission decided to conduct an ex officio investigation pursuant to Article 30 of the National Human Rights Commission Act on March 20. Accordingly, it undertook a three-month investigation.
With regard to the cadet admission requirements, the AFNA argues as follows: (i) the Ministry of National Defense is currently examining the legitimacy of the requirements that candidates be only female; (ii) the physical restrictions (height: 157cm ~ 183cm, weight: 45kg ~ 72kg) are imposed because a certain level of physical strength is required for military training, field operations, and wartime nursing; and (iii) applicants with genu varum are disqualified because of possible joint pain, etc. as a result of weight bearing.
However, the Commission has determined that limiting the opportunity of admission according to sex and specific physical conditions is deemed legitimate only to the extent such conditions are inevitably required due to the nature of studies or the nature of duties to be performed in the future. In addition, the Commission declares as follows: (i) it is not impossible for men to serve as nurse officers, and it is unnecessary to limit opportunities to become nurse officers to only women considering that the nurse officer recruitment plan of the Republic of Korea Army does not impose any sex limitations; (ii) there is no reasonable rationale for granting the opportunity of admission to only women since the Armed Forces Nursing Academy Installation Act was amended on January 20, 2004 to make all single persons eligible to enter the AFNA instead of only single women; (iii) significant physical strength is deemed necessary of nurse officers, but the physical requirements for AFNA applicants are unreasonably more stringent than those applied to nurse officers of the Republic of Korea Army performing similar duties, i.e. height of not less than 155cm to less than 184 cm, and weight according to height-based body mass index; (iv) the AFNA standards for disqualification of cadet applicants in physical examination stipulate genu varum as a cause of disqualification without considering individual cases by applying far more stringent standards than those applicable to nurse officers of the Republic of Korea Army, notwithstanding the belief of the Korean Knee Society that persons with a knee joint line of less than 2.5cm (grade 2) can serve as professional military personnel including nurse officers or soldiers and that even persons with a knee joint line of 2.5cm~5.0cm may serve as professional military personnel including nurse officers or privates depending on individual cases.
Under these circumstances, the Commission determined that the AFNA" s limiting cadet eligibility to only women and imposing certain physical conditions, i.e. height of 157cm ~ 183cm, weight of 45kg ~ 72kg and no genu varum, violated the right to equality without any justifiable reason. Thus, it recommended that the AFNA revise its academic disciplines as well as its standards for disqualification of cadet applicants in physical examination.
