National Human Rights Commission of Korea Annual Report 2019
D. Age Discrimination
Discrimination based on age during a school interview
On June 25, the Commission recommended the principal of a junior high school not to
discriminate against older candidates by asking their age and other unrelated questions during job
interviews.
The Commission found that, during an interview to fill a teacher position, the petitionee asked
What about you?” The question was about age or personal information related to age. Though
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the petitioner who was 55 years old at the time, “Older teachers don’t like to offer open classes.
it is difficult to conclude that the petitionee’s question influenced the interview outcome, the
communicating or socializing.” Thus, it is an act of discrimination that must be redressed.
The school accepted the recommendation and said that it would prohibit questions that may
violate human rights procedures and regulations during all open hiring, and take measures to
prevent a recurrence of similar incidents by training the staff on related laws and regulations, and
manual.
Employment discrimination based on age at a nursing home
On November 19, the Commission recommended the director of a nursing home to ensure that
no applicants are restricted from applying for a position due to age.
The petitioner wanted to get a nursing assistant position at the nursing home. When she called to
ask questions, the person in charge asked how old she was. Hearing that she was born in 1952, the
hirer said that they wanted someone younger. Considering the characteristics of nursing assistant
jobs, it is difficult to say that the position requires set age limits. Also, age is not a criterion for
assessing computer skills or physical ability to move patients; rather, these abilities should be
validated during interviews. Based on these considerations, the Commission concluded that there
is no justifiable reason to place an age limit during the application phase, and so discouraging the
petitioner from applying for the job by saying they would rather hire someone younger is an act of
age discrimination in employment.
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Key Activities
question/comment itself revealed an age bias or prejudice that “older teachers have a hard time