NHRCK: "Uniform Exclusion of Mental Illness Patients in Special Security Recruitment Is Discrimination"

[Asia Economy Reporter Seongpil Cho] The National Human Rights Commission of Korea has ruled that categorically excluding individuals with mental illnesses from being hired as special security guards performing security duties at nationally important facilities such as airports and ports constitutes a violation of the right to equality.

On the 5th, the Human Rights Commission stated, "We have expressed the opinion to the Commissioner General of the National Police Agency that it is necessary to improve prejudice and discrimination against people with mental illnesses during the hiring and placement of special security personnel and to amend the Enforcement Decree and Enforcement Rules of the Security Services Act." The Commission added, "We judged that it is necessary to examine whether the relevant laws restricting the qualifications of people with mental disabilities for special security positions infringe on the constitutionally guaranteed rights to equality and freedom of occupational choice."

Previously, the Commission received a complaint stating that an applicant who passed the exam for a special security position at Factory A had their employment canceled due to having a mental illness. At that time, the factory reportedly explained, "During the qualification screening process according to the relevant enforcement decree, we received a notification of disqualification from the police station, the supervisory authority, and therefore did not hire the individual."

The Human Rights Commission found that Factory A had a reasonable basis for not hiring the individual after receiving a disqualification notice from the police station in accordance with the Security Services Act and related laws, and thus dismissed the complaint. However, the Commission determined that there is a need to amend the Enforcement Decree and Enforcement Rules of the Security Services Act to ensure that the rights to equality and freedom of occupational choice are not violated in the hiring and placement of special security personnel, and decided to express this opinion to the Commissioner General of the National Police Agency.

In its judgment, the Commission viewed the relevant laws as presuming all individuals with a history of treatment for mental illness?regardless of severity?as "potential risks" or "persons incapable of performing duties." It also concluded that, compared to many laws that have been amended to limit the scope of mental illness to "severe mental illness," the scope of disqualification under the security services-related laws is excessively broad.

This content was produced with the assistance of AI translation services.