Human Rights Commission: "University Regulation Blocking Re-enrollment of Discharging Students Violates Fundamental Rights"

The National Human Rights Commission of Korea has determined that university regulations restricting re-enrollment for students scheduled to be discharged from military service-even if they can attend classes by using annual leave-violate the right to pursue happiness.

Yonhap News Agency

On December 23, the Human Rights Commission stated that it is an infringement of a student's fundamental rights for a university to restrict re-enrollment based on an internal rule allowing only those scheduled for discharge before one-third of the semester to return, even when the student, serving as a social service agent, is able to attend classes from the beginning of the semester. The Commission recommended that the university president revise the relevant academic regulations.

The petitioner, who was preparing to return to school for the second semester of the 2026 academic year, filed a complaint with the Commission in July, arguing that the university’s regulation-allowing re-enrollment only for those scheduled to be discharged before one-third of the semester-was unfair. The petitioner claimed that by using a total of 28 days of consecutive annual leave, he would be able to participate in classes from the first day of the semester, with no issues in pursuing his studies.

The university responded that the re-enrollment criteria are clearly stated in its internal regulations, and that it is difficult to permit re-enrollment for those whose discharge date falls after one-third of the semester, regardless of annual leave usage.

The Human Rights Commission explained, "Article 73 of the Military Service Act and guidelines from the Military Manpower Administration guarantee re-enrollment as long as it does not interfere with the academic schedule. Both the Military Manpower Administration manual and the university’s official guidance specify that even if the discharge date is after the semester begins, re-enrollment is possible if the student uses consecutive annual leave and the first attendance date is before the re-enrollment deadline." The Commission added, "Nevertheless, the university’s decision to treat 'scheduled discharge before one-third of the semester' as an absolute requirement and deny the petitioner’s re-enrollment constitutes an arbitrary application of the regulations."