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 52 Part II. Major Activities of the Commission

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