Sexual orientation and gender identity in the South Korean military

South Korean military laws and procedures discriminate against sexual minorities, or lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals, who serve in the military. At the time of enlistment, recruits are categorized based on their physical and mental health. Sexual minorities can be marked as having a “mental handicap” or “personality disorder,” which determines their status and duties as personnel.^[1]^[2] They can also be institutionalized in a mental facility or be dishonorably discharged. Military personnel have reported experiencing harassment, violence, and forcible revealing of their sexual orientation and/or gender identity.^[3]

Under Article 92-6 of the Military Penal Code, homosexuality acts are labelled as “sexual assault/harassment” and considered punishable by a maximum of two years in prison. However, in April 2022, the Supreme Court ruled that this law cannot be applied to consensual acts that occur outside of military facilities during off-duty hours.^[4]

LGBTQ+ human rights activists and other civic groups have asserted that these military policies are unconstitutional, discriminatory, and a violation of one's privacy and the right to determine one's own sexual orientation and gender identity. Representatives of the right-wing Christian groups and other conservatives have expressed that loosening the restrictions on same-sex relations could undermine military discipline and national security.^[5] There have been several protests and advocacy efforts to help combat these discriminatory practices. The constitutionality of Article 92 has been contested several times in court, but its constitutionality has continued to be upheld.^[5]^[6]^[7] Despite inevitably facing imprisonment due to its illegality, LGBTQ+ individuals have used conscientious objection to protest the discrimination of sexual minorities and the dominant masculine and patriarchal culture in the military.^[8]

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^ "South Korean Court Limits Military 'Sodomy' Law". Human Rights Watch. 25 April 2022. Retrieved 26 April 2022.
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[4] "South Korean Court Limits Military 'Sodomy' Law". Human Rights Watch. 25 April 2022. Retrieved 26 April 2022.

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