Fines for Requesting Irrelevant Job Information
Interview Questions Prohibited Except for Exemptions
National Assembly Proposes Law Banning Personal Data Questions
In September, Kim (28), who attended an interview at a small-to-medium enterprise, experienced an absurd situation. During the interview, he was asked about his parents' occupations. After revealing his father's job, he was further questioned about the company where his father worked. Kim said, "I answered without thinking to pass the interview," but expressed discomfort, saying, "I cannot understand the relevance between job competency and my father's occupation."
Although five years have passed since the revised Hiring Procedures Act was implemented, it has been found that asking for personal information unrelated to the job during interviews is still widespread. There are calls to establish separate regulations to prohibit questions unrelated to the job during interviews.
According to data submitted by the Ministry of Employment and Labor to Rep. Kim Tae-seon of the Democratic Party of Korea on the 25th, among 5,542 workplaces inspected for reports related to the Hiring Procedures Act from 2020 to last year, 1,143 were found to have violated the act. Of the total 430 cases where fines were imposed, 59.6% (254 cases) involved requests for personal information unrelated to the job.
The revised Hiring Procedures Act, enforced by the Ministry of Employment and Labor since 2019, stipulates that companies cannot require job seekers to submit personal information unnecessary for job performance. Prohibited information includes height and weight, region of origin, and the occupations of parents and siblings. If such information is collected and used in hiring, a fine of up to 5 million KRW can be imposed.
However, asking for such information during the interview process is not subject to penalties. The current Hiring Procedures Act only prohibits the forced inclusion of personal information in basic screening materials. A Ministry of Employment and Labor official explained, "Asking job seekers for personal information in the form of questions during interviews is not subject to penalties," adding, "Although the essence of collecting personal information is the same, regulations are applied differently depending on the method of inquiry."
Due to this legal loophole, cases of asking for personal information unrelated to the job during interviews frequently occur in the job market. Nurse assistant Lee (32) said, "I submitted my resume to a private hospital and received interview offers from two places," but added, "Both places asked if I had marriage plans right at the start of the interview and then did not contact me again."
As misuse of interviews increases, the National Assembly has also proposed a 'Personal Information Question Ban Act.' The 'Partial Amendment to the Act on Fair Hiring Procedures,' led by Rep. So Byung-hoon of the Democratic Party of Korea in June, focuses on establishing prohibitions against asking sensitive personal information during interviews. This is because asking about a job seeker's physical conditions and financial status is considered a form of employment power abuse.
Labor experts emphasize the need for legislative supplementation to address the limitations of the Hiring Procedures Act. Kim Yoo-kyung, a labor attorney at Dolkkot Labor Law Firm, said, "Under current law, only acts forcing the inclusion of information unrelated to the job in application documents can be subject to criminal punishment or labor office reports," adding, "Since sensitive information is still being requested in the job market, legislative supplementation is necessary to resolve legal limitations."
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