heresy to students may be guaranteed as freedom of mission, it would have to be permitted
only within the scope of not infringing on the essence of students' freedom of religion as
long as the university is an institution of higher education. Thus, the Commission concluded
that compelling the complainant to drop out of school on the ground that he was a believer
of a heresy cult is unreasonable discrimination prescribed by Article 2(4) of the National
Human Rights Commission Act and recommended to the accused to revise relevant
academic regulations, yet the accused did not accept the recommendation.
○ Restricting Religions in Recruiting Administrative Staff of Private Universities
with Religious Foundations
Mr. Lee filed a complaint that he attempted to apply for recruitment of administrative
staffs by OO University and OO Women's University, yet the accused restricted applicants
only to believers of the foundations' religion, discouraging the claimant with no religion from
applying for the job and this was alleged to be unreasonable discrimination based on religion.
The accused responded by arguing that it is necessary to recruit those who have same
religious faith to realize the establishment purpose of religious foundations and school
establishment philosophy and ensure smooth adaptation to organization.
However, the Commission determined that the university's practice of restricting
eligibility for its administrative staffs to people with religion does not correspond to
restriction reasons required by fundamental attributes of a particular occupation, i.e. bona
fide occupational qualification which refers to conditions for performing the duties in a safe
and efficient manner or cases objectively acknowledged as being reasonably necessary for
the normal performance of the duties of the particular occupation. Meanwhile, it is based on
freedom of religion prescribed by Article 20 of the Constitution that the accused establish
schools based on particular religious faith and include doctrines of their religions in the
school curriculum. However, when this freedom of religion conflicts with the freedom to
choose occupation prescribed in Article 15 of the Constitution by applicants who do not
Chapter 4. Investigations and Remedies: Discriminatory Acts
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