Knowledge · HR & Labor

Fair Hiring Procedures Act · Blind Hiring

Fair Hiring Procedure Act & Blind Recruitment

📂HR & Labor⏱2 min read📊Practical🔗8 related

What is the Fair Hiring Procedures Act?

In one line
The law setting employer obligations and prohibitions to ensure fairness in hiring, and a hiring method that evaluates candidates with job-irrelevant personal information masked.
⚡ Summary in 3 lines
  • How the law limits requests for job-irrelevant information
  • Decide what to mask based on job relevance
  • Masking details without criteria falls back on gut-feel evaluation

What this law changes is not the mindset of recruiters but the application form, the interview question sheet, and the record of when documents were discarded. A pledge to avoid bias can’t be verified, but whether the family-assets field has been removed from the application, whether the question sheet includes marriage plans, and when rejected candidates’ documents were destroyed can all be checked at a glance. Fair hiring starts with a form audit, not an attitude check. In practice, the safest assumption is that if the field is still there, the question will eventually get asked in the interview too.

The Fair Hiring Procedures Act applies mainly to workplaces with 30 or more regular employees. It expressly prohibits false job advertisements, coercion into hiring, and requests for personal information not needed to perform the job. Items employers may not request include the applicant’s own height, weight, and appearance, place of origin, marital status, and assets, as well as the education, occupation, and assets of parents, children, and siblings. The law also sets deadline-bound obligations, such as notifying applicants of hiring results and keeping or returning hiring documents on request, so managing the filing cabinet is itself legal compliance. A point often confused: blind hiring is an operating method, not a legal requirement. The law does not uniformly ban education or school names, but public-institution guidelines mask them, so what the law prohibits and what blind hiring masks overlap but are not the same.

The point where practice most often goes wrong is the misconception that “hiding information makes it fair.” If you also erase the evidence for judging the job, such as certifications, equipment operation experience, and research results, evaluators decide on whatever is left, and in the end speech style, impressions, and the first three minutes of the interview decide the outcome. Unless you add as many questions and scoring criteria as you have hidden, blind hiring removes evaluation rather than making it fair. The opposite case is common too. If the forms are fixed but the interviewer opens with “Where do you live? What do your parents do?” as an icebreaker, the earlier work is pointless, and if rejected candidates’ documents have been piling up for years, a data privacy incident is likely to hit first.

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💡 In plain English
It’s like an audition where a curtain hides the performer and you judge only the playing. But the curtain only matters if you have a scorecard that says what to listen for.
Why it matters in practice
Fair hiring is a matter of process, not good intentions. What you won’t ask and what you’ll evaluate on must be decided in advance.
Origin and sources

As unfair hiring practices became a social issue, Korea enacted the Act on Fair Hiring Procedures to define employer obligations. Blind hiring, which excludes information unrelated to the job, was then introduced and spread, led by public institutions.

Source · Act on Fair Hiring Procedures and the introduction of blind hiring in the public sector
An example

Company A, a Korean food manufacturer with 240 employees and annual revenue of about KRW 90 (≈ US$1) billion, hires production and R&D staff through two open recruitment rounds a year. Its application form still had the same 15-year-old fields for family members’ occupations and assets, and some 2,000 rejected candidates’ files had been piling up in the HR cabinet for three years. When an internal audit in February flagged both issues at once, the team began overhauling the form. (Hypothetical example)

  1. When HR team lead Kim ranked all 38 application fields by job relevance, 9 fields failed the test, including marital status, family education, and height. Kim deleted them all on the spot.
  2. When the head of production held out, saying “I don’t hire without seeing a face,” Team Lead Kim presented data showing that 12 of the 17 early resignees over the past three years had ranked near the top in interview scores, and removed the photo field from the first-round application.
  3. Research roles use a partial blind process: certifications, papers, and equipment experience are kept, but only the school name is replaced with 'University A' before the application reaches evaluators.
  4. Recruiter Lee gave 14 interviewers 12 job-related questions and a 5-point rating sheet, and posted the rule 'Do not ask about residence, family relationships, or marriage plans' as a printout on every interview desk.
  5. They revised the records policy to destroy hiring documents 180 days after the hiring decision, and shredded the 2,100+ files in the cabinet after a notice period for returning them.
  6. In the next open recruitment round, applicants rose from 1,180 to 1,430, hires from universities outside the Seoul area went from 31% to 49%, and early resignations within six months of joining fell from 9 to 3.
Related terms
Recruitment Process DesignA procedure that defines the stages from receiving a headcount request through job posting, document screening, interviews, offer negotiation, and onboarding, and sets decision criteria and ownership for each stage.Structured Interview · Behavioral InterviewAn interview method that asks every candidate the same questions in the same order and scores them on a fixed scale; the behavioral interview, which asks about past behavior examples, is the best-known form.HR Records Management and PrivacyThe practice of keeping personal data collected and stored for HR work to the minimum needed for its purpose, and controlling access rights and retention periods.Personal Information Protection Act · PIPAKorea’s Personal Information Protection Act, which governs the collection, use, provision, and destruction of any information that can identify a living individual. Its principles are consent-based collection, minimum collection within the stated purpose, and destruction after the retention period.Job Description · JDA document that sets out the work and scope of responsibility of a specific role, along with the required qualifications and competencies, serving as a common standard for hiring, evaluation, and compensation.Offer Letter · Offer NegotiationThe final stage of hiring, in which the successful candidate is given a written offer of role, grade, salary, start date, and other terms, and the terms are negotiated until the candidate accepts.AI Interview · AI Competency AssessmentA selection tool in which AI analyzes candidates’ video answers or online task records to score competencies and job fit; it can be used only if you can explain what it measures and why.Sales Hiring and Selection · Sales Interview and Selection CriteriaA hiring process that evaluates candidates for sales roles by combining selection tools such as verification of past performance, structured interviews, and mock sales.
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Last updated 13 Sep 2026 · Reviewed by John Kim

FAQ

The law restricts requests for personal information that isn’t necessary for performing the job. Which items specifically apply depends on their relevance to the job, and the detailed criteria may be amended, so please check the latest statutes and guidance from the competent authority.
What gets hidden is job-irrelevant information, not information about ability. Job-related experience, qualifications, and assignment results are still evaluated as they are, so with well-designed evaluation criteria, the basis for decisions actually becomes clearer.
The law has provisions on returning and destroying hiring documents. It is safest to set the retention period and procedure in internal policy and tell applicants about it.
The scope of application is determined by factors such as workplace size and may be amended. Regardless of whether it is mandatory, not collecting unnecessary personal information is also recommended from a data protection standpoint.