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Recommended Abolishment of Restriction on Employment of Military Draft Dodgers under Trial [2004] KRNHRC 19 (1 January 2004)

The complainant filed the case where he claimed that the OO Regional Military
Manpower Administration had the workplace of the complainant fire the complainant, who
was released on bail after being arrested on charges of refusal to call public interest service
personnel despite the fact that he was subject to the service requirement.
After investigation, the Commission found that the act of the respondent was made in
accordance with Article 76 of the Military Service Act, which stipulates that measures be
taken to restrict employment of those who do not fulfill the obligation of military service.
The Commission concluded that the law was against the principle of presumption of
innocence and principle of prohibition of excessive restriction, and might violate the right
to pursue happiness and freedom of choice of vocation.

The Commission recommended that Article 76 of the Military Service Act be revised.
Given that the respondent in this case withdrew the demand to fire the complainant and the
complainant began to work, the Commission dismissed the case judging that the case did
not require separate remedial action.