“Only Those Born After 1980 and SKY Graduates Welcome”… Are Conglomerate Hiring Guidelines Legally Acceptable?

Age and School Background Limits in Internal Guidelines, But Not in Job Postings
Controversy Escalates Over Hiring Criteria at Major Conglomerates

A controversy over hiring discrimination is spreading after reports that a major conglomerate established internal criteria restricting applicants’ age and alma mater for experienced hires. Some argue that private companies can establish their own standards to select the talent they need. However, others point out that filtering candidates based on age or educational background—factors unrelated to competence for the job—amounts to unjust discrimination.

Job seekers attending the 'Gyeonggi-do 5070 Job Fair' held last year at Kintex in Goyang, Gyeonggi Province, are looking at the job posting board. Photo by Jinhyung Kang

On September 22, Yonhap News conducted a fact-check regarding the controversy over a company's recruitment standards. The company in question is known to have set an internal guideline during its experienced-hire process that limited candidates' age to those born in 1980 or later and even specified acceptable universities depending on the work location. Human resources executives and hiring managers in each business division reportedly received this guideline. Specifically, for positions in Seoul and Pangyo, the company established standards that favored applicants from a select group of universities, such as Seoul National University, Yonsei University, and Korea University.

No Fine for Educational Background, No Penalty Clause for Alma Mater... The ‘Legal Loophole’ in Corporate Hiring Discrimination

So is there a legal issue with such hiring criteria at private companies? Placing age restrictions is clearly at risk of violating the law. Under the current “Act on Prohibition of Age Discrimination in Employment and Promotion of Employment of Older Persons,” employers are prohibited from discriminating on the basis of age in recruitment, hiring, wages, promotions, transfers, assignments, retirement, or dismissals unless there is a reasonable cause.

Therefore, setting an upper age limit for applicants, such as “those born in or after a certain year,” without any reasonable justification, is in principle not permitted, regardless of whether the position is for entry-level or experienced hires. Even if a specific age is not directly stated, wording that essentially excludes a certain age group could also be problematic. The Ministry of Employment and Labor has previously flagged discriminatory phrases in job postings that reflect a preference for particular age groups, such as “young talent” or “young and energetic individual,” as potentially age discriminatory.

On June 5, job seekers attending the Gangnam-gu Job Fair held at COEX in Gangnam-gu, Seoul, are participating in on-site interviews. 2025.06.05 Photo by Dongju Yoon

Employers who discriminate on the basis of age without reasonable cause during recruitment or hiring processes can be subject to a fine of up to 5 million won. However, not all age restrictions are prohibited. Exceptions may be allowed if a job's nature is directly related to safety or physical ability, if a retirement age regulation applies, or if a law specifically promotes the employment of particular age groups, such as youth or older workers, in certain cases.

Discrimination based on academic background and alma mater is also fundamentally prohibited. The Framework Act on Employment Policy stipulates that employers should not discriminate in recruitment or hiring based on gender, age, academic background, alma mater, or region of origin without a valid reason. However, unlike age discrimination, there is no specific penalty clause for violating this provision. As a result, in practice, this type of discrimination may only result in administrative guidance.

The KB Good Job Career Fair was held on the 27th at COEX in Gangnam-gu, Seoul. Many job seekers visiting the fair are checking the job posting boards. Photo by Dongju Yoon

Restrictions based on academic background may be permitted if they are directly related to the job. If a particular curriculum or specialized knowledge is essential for the work, it is permissible to require conditions such as “graduates of a four-year university” or “preference for certain majors.”

The problem arises when selection is based exclusively on certain universities. Labor authorities explain that, unless a clear connection can be established between job performance and graduation from particular universities, such criteria are unlikely to be recognized as “reasonable cause.” Merely restricting eligibility or acceptance rates based on the employer's preference for graduates from specific universities is difficult to justify and can lead to allegations of discrimination over academic background or alma mater.

If these standards are not disclosed in job postings but are instead operated as internal guidelines, legal assessment becomes more complicated. Simply discussing or documenting such standards internally does not constitute grounds for immediate punishment. However, if, in the actual hiring process, specific applicants are eliminated based on age or university background according to the internal standards, specific acts of discrimination may become a legal issue. Still, undisclosed internal hiring criteria are difficult for regulatory authorities to verify. There remain ongoing debates over the extent of government intervention, as certain aspects of employee recruitment fall under the company’s management rights.

Standards for Public Enterprises Are Stricter Than for Private Companies

Criteria in the public sector are more stringent than in private enterprises. In compliance with blind recruitment guidelines, the government and public agencies are, in principle, forbidden from requesting personal information unrelated to the job—such as gender, age, place of origin, family relations, physical conditions, or educational background—on job applications or during interviews. In civil service recruitment as well, former academic and age restrictions have been abolished, and except for a few job series, there are now effectively no upper age limits for applicants.

Job seekers participating in the '2026 Korea Win-Win Job Fair' held at the aT Center in Seocho-gu, Seoul, are lining up to enter the exhibition hall. Photo by Jinhyung Kang

If one believes they have been unfairly discriminated against on the basis of age, academic background, or alma mater during the hiring process, it is also possible to file a complaint with the National Human Rights Commission of Korea. If discrimination is recognized after investigation, the commission can recommend that the relevant organization or company cease discriminatory practices and improve their system. In particular, a business owner is prohibited from treating a worker unfavorably merely because the worker reported or filed a complaint about age discrimination. Violators are subject to imprisonment for up to two years or a fine of up to 10 million won.

Ultimately, even private companies cannot set hiring standards without limit. Although companies have the authority to evaluate experience, qualifications, and expertise necessary for job performance, if age or alma mater—factors not directly related to work—are used as blanket cutoffs, questions regarding discrimination may arise, overruling the autonomy of recruitment standards.

This content was produced with the assistance of AI translation services.