National Human Rights Commission of Korea Annual Report 2019 G. Discrimination Based on Medical History Petitioner coaxed into resigning by reason of HIV infection On January 23, the Commission recommended the chief of a fire station to make sure that, in the future, no staff is treated disadvantageously by being coaxed into resigning just because he or she is an HIV infector. It also recommended the governor in the jurisdiction to take remedial actions, including reinstating the victim. the victim into resigning and remove from the job based on a decision that the victim can no Part 2 The Commission concluded that it is an act of discrimination without justifiable reason to coax longer perform the duties, despite the fact that the latter had never had any issues in completing the no longer in an infectious condition. The chief of the fire station accepted the recommendation and came back with a plan to protect and support HIV infectors, and an implementation plan to prohibit forced resignation. However, the governor was of the position that no action can be taken to reinstate the petitioner because there were still controversies on whether the victim was coaxed into resigning. Discrimination in selection due to history of cancer operation On November 19, the Commission recommended that the criteria for selecting multilateral cooperation specialists and volunteers be revised, so that candidates are not altogether rejected just because of a history of cancer surgery and a specified period of time has not elapsed since the surgery, and without consideration of their actual physical conditions. While acknowledging that selection of multilateral cooperation specialists should be based on strict a criteria, and based on an expert opinion that the petitioner’s physical condition is not particularly limited in fulfilling the proposed job description, the Commission concluded that it can hardly be justifiable to exclude the candidate from selection just because the candidate had a history of surgery and no consideration was made of actual physical condition. 107 Key Activities job throughout the service, there are alternative ways to manage HIV infectors, and the victim was