9) Discrimination Based on Religion
Discrimination based on religion refers to an act of favorably treating, excluding,
differentiating or unfavorably treating a particular person or a group of particular persons
based on believing or not believing a particular religion without reasonable cause in all
aspects of social activities including employment. The definition of "religion" should be
understood in a broad sense, not only including existing established religions, but also new
religions and no religion. Meanwhile, the definition of believing or not believing a
particular religion is established based on the assumption of seriousness of religious or
non-religious beliefs to some degree.
○ Discrimination in Use of Educational Facilities Based on Being a Believer in
Certain Religion
Mr. Lee filed a complaint to the Commission alleging that he dropped out of school in
October 2009 while he was in the senior year of English education department of OO
University and that when he was in the junior year he joined OO Church of OOOO
Mission Society, a sect different from the religious order of the university and he was
forced to drop out of school as the university threatened to expel him by holding a student
guidance committee meeting, if he did not drop out of school or transfer to another
university.
The Commission decided that Article 31(4) of the Constitution prescribes that "the
autonomy of institutions of higher learning is guaranteed under the conditions as prescribed
by law," indicating that the autonomy of universities is guaranteed only under conditions
prescribed by law and the accused is not merely able to call for the freedom of religion and
the autonomy of universities without respecting regulations on the right to equality and
prohibition of discrimination. In addition, although it is the purpose of a school
establishment to cultivate all students to become church leaders regardless of their majors
and widely publicizing the university's internal standards on determining which sect is
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Part II. Major Activities of the Commission