NHRCK: "Uniform Credit Information Checks for Military Promotion Candidates Constitute Human Rights Violations"

[Asia Economy Reporter Lee Gwan-ju] The National Human Rights Commission has ruled that the uniform credit information inquiry for military promotion candidates constitutes a violation of human rights.

On the 21st, the Human Rights Commission announced that it recommended the Minister of National Defense to, in principle, prohibit credit information inquiries for promotion candidates and, in unavoidable cases, limit the subjects to the minimum necessary.

The petitioner filed a complaint with the Human Rights Commission, arguing that the Ministry of National Defense's requirement for all non-commissioned officer and above promotion candidates to obtain and submit credit information inquiry reports for background checks infringes on privacy and the right to self-determination of personal information.

In response, the Ministry of National Defense replied to the Human Rights Commission, stating, "Background checks are conducted based on the Security Work Regulations and the Enforcement Rules of the Security Work Regulations, which include property-related items in the investigation," and added, "With the consent of the promotion candidates, credit information inquiry reports are collected to verify defaults and credit recovery support status." They further claimed, "This is necessary to verify the loyalty of the subjects to protect national secrets from external hostile forces and to devise security measures."

However, the Human Rights Commission judged that such provision of credit information cannot be regarded as voluntary consent by individuals. The Commission stated, "From the perspective of promotion candidates, it would have been practically difficult to refuse the submission request by the respondent due to concerns about potential disadvantages in promotion."

The Human Rights Commission concluded, "Checking details such as card issuance history, various loan information, debt guarantee information, and personal debts cannot be a criterion to guarantee loyalty and sincerity to the nation," and added, "Collecting such information from all promotion candidates may violate the principle of minimal infringement on fundamental rights."

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