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Discrimination in the Recruitment of Full time Teaching Staff [2003] KRNHRC 49 (15 October 2003)

The complainant filed a complaint against the president of University,
declaring that the provisions of the `Guidelines for the Recruitment of Full time
Teaching Staff of University' stating that, `staff of the university should
resign one month prior to the date when the applications process begins' are
in violation of right to equality of staff of the school in question and against
the freedom to choose vocation.

Article 33 of the `Public Officials in Education Act' grants the university
president the authority and responsibility of appointment of professors from
among those with qualifications prescribed by the above said Act and applicable
laws as long as impartiality and objectivity are guaranteed. The guidelines of
this university are beyond the authority of the president of the university, and
the Commission found that to treat those in active service of university
unfavorably in the recruitment of full time professors was a discriminatory act
in violation of the freedom to choose vocation and the right of equality. On
October 15, 2003, the Commission recommended the respondent revise the
applicable regulations, and the respondent accepted the recommendation.