prison and was receiving training for about two weeks. However, he was excluded from the training due to reason that he was a carrier of hepatitis B. He filed a complaint alleging that this was unreasonable discrimination based on his medical record. The accused responded by saying that he was informed that the claimant was undergoing separate treatment based on medical opinion of "active hepatitis B" during IT training, and thus excluded him from trainees for the IT training program. He argued that although the possibility of airborne hepatitis B infection is low, correctional facilities have the obligation to pay close attention to infection possibilities against other inmates given the characteristics of such facilities where a multiple number of inmates cohabit in limited space and that they considered it reasonable to provide opportunities of education after the health conditions of the complainant improve, in consideration of possible agitation when the claimant being infected with hepatitis B virus is disclosed to other trainees. The Commission deemed that the IT training the complainant was receiving was a session utilizing individual computers conducted for two hours a day for about three months. Thus, it is difficult to consider the degree of contact among trainees to be well beyond the level of daily lives. Moreover, from a medical standpoint, it is extremely difficult to get infected with hepatitis B virus via general communal living and that, given the virus' infection route, the possibility of the hepatitis B virus of the complainant to be spread and infect other inmates during training time was considered very low. Moreover, the accused's claim that there was a possibility of agitation if other trainees got to know about the claimant's infection with hepatitis B virus is unconvincing and even if other trainees are concerned about possible infection, this should be addressed through proper understanding of hepatitis B. Accordingly, the Commission decided that excluding the claimant from education on the ground that he was infected with hepatitis B virus corresponds to discrimination based on medical record without reasonable cause and recommended to the accused to take measures to prevent such exclusion from education due to inmates being hepatitis B virus carriers from happening in the future, which the accused accepted. Chapter 4. Investigations and Remedies: Discriminatory Acts 105