Human Rights Commission Rules Gender-Restricted Job Posting Was a Simple Mistake

The National Human Rights Commission has ruled that a job posting stating only a specific gender could apply was a simple mistake rather than intentional discrimination. The key issue in the case was whether imposing a gender restriction on a job posting constitutes discrimination prohibited by law, or is merely an administrative error.

The case was subsequently referred to and handled by the Seoul High Court (Case No. 2026Nu3600).

The commission found that although the wording itself was problematic, the gender restriction did not stem from discriminatory intent but resulted from an error. Intent was the basis of this ruling. Even with identical gender-restriction language, the outcome differed depending on whether it was deliberate or accidental, and in handling complaints over gender-restricted job postings, the presence or absence of intent served as the criterion for judgment.