police officers during their job interview. The Commission concluded that the practice
was unfair to those whose record shows their having been investigated or punished for
misdemeanors were discriminated against in their job interview because of the
background check system, because the goal of the job interview is restricted to assessing
the applicant's conduct, manner, service mindset, integrity, morality and obedience to
rules. Morality and obedience to rules are important qualifications for a police officer
because they are law enforcement officers, but the discretional authority wielded by the
chief of the National Police Agency in assessing the applicants' qualifications should be
subject to reasonable limitations because the opportunity to take a public office is a basic
right guaranteed by Article 25 of the Constitution of Korea. In other words, the NHRCK
concluded that even though the records of having been investigated are not examined
during the screening processes, the recruitment of police officers could be enhanced in
accordance with the nature of the police work that requires applications to have high
levels of integrity, legal obedience and morality by amending the relevant laws. For
example, while the National Public Service Law currently screens individuals who were
sentenced to a suspension of qualification or any harsher punishment, it could be further
strengthened by disqualifying those with the records of prior conviction for some highly
worrisome crimes, even though it resulted in a punishment lower than the suspension of
qualification, and restricting the right to take a public office in proportion thereto. Thus,
the Commission recommended to the Commissioner of the National Police Agency that
the job interview process for police officers be improved so as to ensure that those whose
record shows they were investigated would not be discriminated against and can partake
of the right to take public office (March 21, 2012).
C. Recommendation to Amend the Medical Act Regarding the Qualification of
Massage Therapists
Training materials for massage therapists are sometimes difficult to understand even
for those who received higher education. It is, however, reported that few applicants fail
Chapter 1. Improvement of Laws, Regulations, Policies and Practices
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