Commission concluded that the police did not fulfill its duty to take due diligence.
2) Opinion to the Constitutional Court on Constitutionality of Age Restriction in
Applying for the Police and Fire Public Officers (2010HunMa278)
The Commission concluded that the age ceiling in applying for recruitment
examinations for positions of policemen and police cadets, firefighters and fire cadets to 30
and less than 30 is considered to be unreasonable age discrimination. From 2006 to 2009,
the Commission on four occasions recommended to the Commissioner General of the
National Police Agency the revision of Article 39 of the Decree on the Appointment of
Police Officers, and recommended to the Administrator of the National Emergency
Management Agency the revision of Article 43 of the Decree on the Appointment of Fire
Officers on five occasions. However, these organizations did not accept the
recommendation. In May 2010, five people preparing for the police and fire officer
examinations filed a constitutional petition arguing that restriction on application age
violates the right to equality and the right to hold public office. Concerning the petition, the
Commission submitted its opinion that restriction of application age for police and fire
officer examinations does not satisfy legitimacy of legislative purpose and suitability of
means and violates the right to hold public office and constitutes age discrimination
without reasonable cause.
3) Opinion to the Constitutional Court on Constitutionality of Article 92 of the
Military Penal Code (2008HunGa21)
The Constitutional Court requested that Commission submit its opinion on the
constitutionality of Article 92 of the Military Criminal Code. The Commission delivered
its opinion that the clause criminally punishes consensual sexual intercourse between
persons of the same sex, which has the potential to violate rights to sexual
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Part II. Major Activities of the Commission