Prohibition of Social Service Workers Wearing Shorts to Work Is a 'Violation of Freedom Rights'

Seoul High Court Employee Files Complaint with Human Rights Commission
Human Rights Commission: "Dress Code Restriction Violates Article 10 of the Constitution"

The National Human Rights Commission of Korea (hereinafter 'the Commission') has ruled that prohibiting social service agents assigned to courts from coming to work in shorts constitutes a 'violation of freedom rights.'

According to a Yonhap News report on the 15th, Mr. A, who was serving as a social service agent at the Seoul High Court, was asked by a court official managing him last August to "submit a written explanation for violating service duties" because he came to work wearing shorts. Instead of writing the explanation, Mr. A filed a complaint with the Commission the next day.

In his complaint, Mr. A argued, "Social service agents are only required to wear uniforms during working hours," and "there is no legal basis for the court to restrict attire during commuting." He also stated, "It is unfair discrimination to restrict only social service agents' commuting attire while not limiting that of regular employees."

National Human Rights Commission of Korea
[Image source=Yonhap News]

The official who requested Mr. A to submit the explanation stated, "There were employees uncomfortable with social service agents walking around the court building in shorts, so we controlled it, but shorts covering the knees were allowed."

However, the Commission sided with the social service agent. It stated that restricting attire during commuting infringes on the general freedom of action guaranteed by Article 10 of the Constitution, which protects the pursuit of happiness. Furthermore, on the 4th of last month, the Commission recommended to the head of the Seoul High Court to provide job training to the management department to avoid excessively restricting the attire of social service agents during commuting.