restricting participation by all youth in traditional music contests, but the accused did not accept the recommendation. ○ Restricting Eligibility for Cadet Candidates Based on Education Background Presidents of seven junior colleges, including A College, filed a complaint alleging that "the preliminary officer candidate system introduced by the Minister for Defense in 2009 defined eligibility for preliminary officer candidates at the Korea Army Academy at Yeongcheon (KAAY, formerly known as "Korea Third Military Academy") as freshmen of four-year colleges, restricting entry of junior college students to the KAAY. In response, the Minister for Justice argued that college students preferred serving as officers, yet join the army early as privates out of concern about the possibility of officer selection and, given the circumstances, the Ministry introduced the preliminary officer candidate system to heighten predictability of forms of military service and secure talented potential officer resources at an early date. He added that with the simultaneous implementation of the ROTC (Reserve Officers' Training Corps), OCS (Officer Candidate School) and the preliminary officer candidate system, the decision on the eligibility of four-year college students was made to enable selection of applicants under the same conditions and that junior college students can apply for regular admission procedures of the KAAY the same as before, so the system did not fully restrict the admission of junior college students to the KAAY. According to the findings of the Commission, the Ministry of Defense introduced the "preliminary officer candidate system" in 2009 with the purpose of ensuring early securing of talented officer resources and accordingly the KAAY plans to recruit in advance approximately 50% of its 49th cadet recruitment capacity for 2010 as preliminary officer candidates. However, the preliminary officer candidate system sets its eligibility as 'four-year college students,' so junior college students can only apply for the regular admission selecting the remaining 50%, thus significantly reducing their possibility to be Chapter 4. Investigations and Remedies: Discriminatory Acts 103

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