648:
that showed a male soldier and male officer having sex. The soldier was arrested for spreading obscene content online and for violating military code. Officials also forced soldiers to hand in their phones without warrants, identify other soldiers who were on their contact lists, and contact other soldiers on mobile dating apps. When male and female officers were found having sex on duty in 2011, they were not criminally charged and only suspended for three months. In contrast, 18 gay soldiers faced criminal charged despite having sex on leave or off duty. Students from Sogang
University protested the Army Chief of Staff, chanting for the "gay soldier witch hunt" to stop immediately. They were restrained and dragged out.
326:
other conservatives have expressed that loosening the restrictions on same-sex relations could undermine military discipline and national security. 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. 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.
68:
613:
diagnosis are exempt. In addition, they must prove they have been medically treated for 6 months, been hospitalized for more than one month, or have other severe symptoms of gender identity disorder. Although not a legally sanctioned practice, an orchiectomy procedure would allow for an individual to meet another exemption criterion of "testicle loss". Between 2012 and 2015, 104 trans women were exempt based on "testicle loss" in comparison to the 21 trans women who were exempted based on "gender identity disorder".
318:(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. 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.
1418:
1728:
1440:
1756:
1430:
270:
644:
groups, such as the
Military Human Rights Center and the Korean Sexual Violence Counseling Center, held an emergency press conference in front of the High Court of Military Tribunal in Seoul and criticized the ruling for becoming a "shield of sex offenders". They emphasized that in order to eliminate sexual violence in the military, sexual offenders should not be given indulgences.
27:
378:
discipline and national security. The court ruling said, "The corresponding clause may be regarded neither ambiguous, nor unnecessarily discriminative against homosexual individuals. Anyone with common sense may judge what the clause signifies by 'homosexual relations and other sexual acts of sexual molestation,' and abide by the contents.”
636:
reasons. However, medical officers required soldiers to submit images or videos showing their sexual acts with other men as hard evidence in order to authorize their medical discharge. Those who refused to submit evidence had to return to their units and were subjected to unwarranted scrutiny after their sexual orientations were revealed.
370:
indicted for sexual molestation of a colleague, but the military court questioned its legitimacy and the case was handed over for constitutional review. While the case was under constitutional judgment, a revision was made to a corresponding clause in which the maximum imprisonment for homosexual acts was changed from a year to two years.
394:"If homosexuality is allowed in the military, sexual violence can increase in such a hierarchical organization, and this will lead to the weakening of the military morale and the exposure to serious diseases such as AIDS. It will be the North Korean regime that will rejoice at the weakening of our military morale."
656:
The conscientious objection movement in South Korea was initially ignited by religious and pacifist groups whom claimed that serving in the military would be in direct conflict with their beliefs. Conscientious objection is illegal and objectors face imprisonment for draft evasion. LGBTQ+ individuals
647:
In 2017, there was widespread crackdown of homosexuality in the military. At least 32 were criminally charged for "sodomy or other disgraceful conduct". Military officials insisted that they were trying to root out sodomy and other homosexual activities. A video on social media was tipped to the army
612:
Trans women may also gain exemption by being diagnosed as having a severe case of "gender identity disorder" while undergoing the physical examination for recruits. A military doctor must diagnose the individual with "gender identity disorder" as mild, medium, or severe - only those who have a severe
591:
Trans women are unwilling to complete the mandatory conscription have two options, either to gain exemption or serve as a "man". Trans women who have not undergone gender reassignment surgery or who are not willing to have any medical treatment are forced to serve. A 2006 Supreme Court ruling stated
418:
identities as a mental disease, labeling them as "sexual orientation disorder" and "gender identity disorder". The regulations also determine whether transgender people are fit to serve by basing decisions on their anatomy, as exemplified in
Criteria 384 and 394 in the table, and their legal gender
360:
Although
Article 92-6 of the Military Penal Code explicitly states that all sexual acts between members of the same gender is categorized as "sexual assault and/or harassment," the Supreme Court ruled in April 2022 that this does not apply to consensual acts that occur outside of military facilities
643:
In 2010, a woman was subject to corrective rape by a captain and a lieutenant commander. The High
Military Court of Korea acquitted both the lieutenant commander, who initially received a 10-year prison sentence in the first trial, and the captain, who was originally sentenced to eight years. Civic
338:
for all able-bodied South Korean men in which they are expected to serve nearly two years. Women may also serve if they choose to do so. Draft evasion is one of the most hated crimes in South Korea and could lead to a loss of societal respect and honor. Military service is seen as a rite of passage
639:
In 2006, 35 human rights organizations and the Labor Party of Korea held a press conference and protested the military for failing to protect a gay soldier's privacy. The victim's sexual orientation was revealed through photographs he submitted as evidence for his medical discharge. Suffering from
325:
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
369:
The constitutionality of
Article 92-6 has been contested in court several times. In 2008, a local military court filed a petition claiming that regulation of an individual's sexual preference was a violation of one's right to define their sexuality and of one's privacy. A sergeant first class was
621:
Military personnel have expressed difficulties in navigating military service life as a sexual minority. While some have completed military service without getting caught, there have been various cases where personnel have encountered dire situations regarding their sexual orientation and gender
386:
Human rights activists and civic groups express that these discriminatory practices in the military are a violation of one's privacy and of one's right to determine their own sexual orientation and gender identity. According to them, Article 92-6 is unconstitutional and should be repealed. There
635:
Some reported that senior officers would notify parents of personnel about their sexual orientations without consent. Those who sought counseling were sent to hospitals for intensive mental care and sometimes HIV tests were conducted. Other soldiers were granted discharge for medical and family
377:
eventually ruled that
Article 92-6 is constitutional. The court upheld its previous rulings in 2002 and 2008 and stated that the punishment was to maintain order in the military and that criminal law and military criminal law are to be differentiated where the latter's purpose was for military
321:
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
630:
I was sent to a hospital where people beat me, mocked me and ordered me to harass another man. Even after I was sent back to the camp, I was branded as one to be 'watched out for' where people monitored my every move. Not many were willing to be a true friend. My life there was miserable and
625:
Personnel would typically conceal their sexual orientations and gender identities in fear of harassment, discrimination, and other forms of violence towards them. Yol Jeong, a Korean queer activist, revealed how he was tormented in the military when he came out as
640:
depression and suicidal thoughts, he sought the aid of Gay Rights Solidarity (GRS) during his leave. GRS reported this case to the National Human Rights Commission of Korea (NHRCK), in which an investigation team was dispatched to the victim's military unit.
587:
Trans men are considered to be disabled, impaired, and not fit for military service even though some trans men may want to serve. Trans men who change their legal gender are assigned to Grade 5, which makes them unfit for active or reservist duty.
1478:
592:
that trans women who have a legal gender change are automatically exempt from military service. However, a legal gender change is difficult to obtain. The criteria to change one's legal gender includes written diagnoses of
622:
identity. As a response, there have been efforts to resist and reform the military institution both by individuals and organizations, which includes challenging the constitutionality of Article 92-6 as mentioned earlier.
361:
during off-duty hours. Military personnel can also be dishonorably discharged based on same-sex relations. If one is discharged based on same-sex relations, it can pose serious, life-long consequences and discrimination.
401:
They have deployed rhetoric connecting anti-gay sentiments with anticommunism, arguing that homosexuality threatens the masculinity of the military and therefore weakens the military's defense against North Korea.
1527:
1471:
136:
608:
are about 2 million won (US$ 1,900) and 12 million won (US$ 11,500), and these procedures are not covered by insurance. As a result, most trans women cannot obtain exemption by way of a legal gender change.
1522:
131:
1464:
1532:
168:
343:
as a reason to not serve since it is illegal. Due to the military's discriminatory practices and an oppressive culture, a few conscripts prefer imprisonment over completing their military service.
298:
1643:
1583:
248:
201:
1319:
1573:
196:
1786:
1615:
222:
1620:
1559:
1402:
227:
184:
1648:
1590:
258:
1578:
206:
1686:
1501:
502:
Applies to subjects incapable of sexual intercourse and transgendered subjects (including those who have undergone procedures to insert objects in the genital area)
352:
105:
390:
Representatives of the right-wing Christian groups and other conservatives cite that same-sex relations will undermine military discipline and national security:
1653:
716:
Na, Tari Young-Jung; Han, Ju Hui Judy; Koo, Se-Woong (2014). "The South Korean Gender System: LGBTI in the Contexts of Family, Legal Identity, and the Military".
291:
253:
67:
1671:
1625:
1291:
1239:
232:
1568:
191:
1392:
423:
Regulations on Physical Examination for Recruits: Evaluation Standards of Illnesses and Other Psychological and Physical Disorders (excerpts from 2012)
1732:
1340:
284:
76:
40:
This topic includes academic and legal interpretation, and will benefit from additional editors with sufficient subject knowledge to provide input..
1607:
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84:
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597:
311:
161:
146:
1099:
374:
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have adopted conscientious objection to protest and critique the military institution for its toxic masculine culture.
1301:
1260:
666:
335:
1281:
869:
1746:
1397:
1382:
1276:
676:
411:
1361:
442:
102. Personality disorder and behavioral disorder (sexual orientation disorder, gender identity disorder, etc.)
572:, the South Korean military has had to create regulations for transgender people. The military only recognizes
1676:
340:
1595:
1137:
671:
910:
Kim, Nami (2016), ""Homosexuality Is a Threat to Our Family and the Nation": Anti-LGBT Movement",
1422:
1193:
1104:
1044:
984:
851:
805:
749:
741:
1109:
1036:
923:
843:
797:
733:
1713:
1171:
1028:
955:
915:
789:
725:
989:
581:
1166:
950:
1708:
556:
Grade 6: Unfit for any military service due to mental or physical disability. Exempted.
339:
to becoming a "real" man and a loyal citizen. Those who refuse to serve cannot invoke
1770:
1198:
1072:
1048:
809:
753:
387:
should also be stricter punishments for those who commit crimes of sexual violence.
1760:
1434:
605:
274:
1032:
919:
681:
601:
593:
577:
569:
535:
1456:
1217:
1113:
1040:
847:
834:
Bong, Youngshik D. (2008). "The Gay Rights Movement in Democratizing Korea".
801:
793:
737:
1335:
1314:
1309:
1019:
Kwon, Insook (2013). "Gender, Feminism and Masculinity in Anti-Militarism".
573:
415:
1067:
729:
357:
Sexual orientation and gender identity is not addressed in civilian law.
1142:
855:
745:
780:
Yi, Horim; Gitzen, Timothy (1 August 2018). "Sex/Gender Insecurities".
410:
The Regulations on Physical Examinations of Recruits define those with
1388:
Sexual orientation and gender identity in the South Korean military
1100:"South Korea Military Is Accused of Cracking Down on Gay Soldiers"
315:
1460:
1221:
314:
laws and procedures discriminate against sexual minorities, or
20:
1167:"Two Navy officers acquitted of rape in High Military Court"
568:
As more people have come out and identified themselves as
559:
Grade 7: Treatment in progress. Subject to re-examination.
553:
Grade 5: Unfit for active or Supplementary service duty.
914:, Springer International Publishing, pp. 81–114,
548:
Grade 4: Fit for active or Supplementary service duty.
1744:
912:
The Gendered Politics of the Korean Protestant Right
1701:
1662:
1634:
1606:
1553:
1546:
1515:
1494:
1375:
1349:
1328:
1300:
1269:
1253:
596:from two or more psychiatrists, sterilization, and
584:or do not adhere to the gender binary are ignored.
1403:Transgender personnel in the South Korean military
1591:Homosexuality in the militaries of ancient Greece
870:"South Korean Court Limits Military 'Sodomy' Law"
406:Regulations on Physical Examination for Recruits
564:Transgender and gender non-conforming personnel
477:Atrophy: loss of more than two-thirds of testis
382:Debate about same-sex relations in the military
353:Article 92-6 of South Korea Military Penal Code
316:lesbian, gay, bisexual, transgender, and queer
1472:
1292:Recognition of same-sex unions in South Korea
1233:
985:"Will homosexuality be accepted in barracks?"
292:
36:needs attention from an expert in South Korea
8:
1787:LGBTQ people and military service by country
1393:Suicide ideation in South Korean LGBT youth
322:military facilities during off-duty hours.
1550:
1479:
1465:
1457:
1240:
1226:
1218:
1021:International Feminist Journal of Politics
617:Discrimination cases and efforts to reform
299:
285:
62:
1341:Solidarity for LGBT Human Rights of Korea
1068:"'성소수자 여군 성폭행' 징역 10년에서 무죄…"가해자에 면죄부" 반발"
421:
396:Seong-dong Kim, Korean Church Commission
1751:
1502:LGBT military and veteran organizations
1194:"서강대 학생들, 육군참모총장에 "게이군인 마녀사냥 중단" 기습 시위"
951:"Court upholds ban on gays in military"
693:
111:Transgender people and military service
106:LGBT military and veteran organizations
83:
512:C. More than half of penis is severed
46:may be able to help recruit an expert.
16:Sexuality in the South Korean military
1320:Representation in film and television
1132:
1130:
1093:
1091:
7:
1165:Yoon, Yeun-jung (20 November 2018).
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1060:
1058:
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771:
769:
767:
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763:
711:
709:
707:
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703:
701:
699:
697:
116:Intersex people and military service
1507:Same-sex unions and military policy
101:Same-sex unions and military policy
782:TSQ: Transgender Studies Quarterly
545:Grade 1 to 3: Fit for active duty.
474:384. Loss or atrophy of testicles
434:Evaluation Grade for Conscription
14:
1287:Transgender rights in South Korea
444:A. Further observation necessary
1754:
1727:
1726:
1439:
1438:
1428:
1416:
1098:Sang-Hun, Choe (26 April 2017).
268:
66:
25:
330:Military service in South Korea
1282:Intersex rights in South Korea
1:
1076:(in Korean). 20 November 2018
718:The Journal of Korean Studies
375:Constitutional Court of Korea
1367:Seoul Queer Culture Festival
1357:Daegu Queer Culture Festival
1033:10.1080/14616742.2012.724209
580:Those who may identify as a
1777:LGBTQ rights in South Korea
1488:LGBT people in the military
1261:LGBT history in South Korea
920:10.1007/978-3-319-39978-2_3
667:LGBT history in South Korea
243:Intersex service by country
38:. The specific problem is:
1803:
1398:Transgender in South Korea
1383:LGBT health in South Korea
1277:LGBT rights in South Korea
1248:LGBT topics in South Korea
677:LGBT rights in South Korea
509:B. Complete loss of glans
350:
1722:
1411:
1362:Korea Queer Film Festival
1202:(in Korean). 20 June 2017
1138:"동성애자 입증하려면 성관계 사진 가져와라?"
506:A. Partial loss of glans
794:10.1215/23289252-6900752
600:. The average costs for
529:Key for Evaluation Grade
499:394. Severance of Penis
217:Trans service by country
1782:Military of South Korea
949:배, 현정 (31 March 2011).
652:Conscientious objection
341:conscientious objection
44:WikiProject South Korea
1677:Wartime cross-dressing
1423:South Korea portal
633:
598:genital reconstruction
534:Grade 1 to 4: Fit for
399:
336:mandatory conscription
185:LGB service by country
1596:Sacred Band of Thebes
1584:In the United Kingdom
730:10.1353/jks.2014.0018
628:
582:gender non-conforming
540:Supplementary service
392:
351:Further information:
312:South Korean military
1672:In the United States
1644:In the United States
1616:In the United States
1579:In the United States
672:LGBT rights in Asia
424:
1608:Transgender people
1574:In the Netherlands
1555:Sexual orientation
1146:. 15 February 2006
1105:The New York Times
874:Human Rights Watch
422:
414:relations and non-
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1741:
1697:
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1454:
1453:
526:
525:
365:Constitutionality
309:
308:
61:
60:
1794:
1759:
1758:
1757:
1750:
1730:
1729:
1714:Pink certificate
1551:
1481:
1474:
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1458:
1442:
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1435:LGBTQ portal
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1172:The Korea Herald
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956:The Korea Herald
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275:LGBTQ portal
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95:General articles
87:military service
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29:
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1636:Intersex people
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990:The Korea Times
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936:
930:
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877:
876:. 25 April 2022
868:
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779:
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663:
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619:
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428:Specialization
408:
384:
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305:
269:
267:
86:
85:LGBT people and
57:
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42:
30:
26:
17:
12:
11:
5:
1800:
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1709:Blue discharge
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1664:Cross-dressing
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1621:In South Korea
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1054:
1027:(2): 213–233.
1004:
969:
934:
928:
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861:
836:Korean Studies
815:
788:(3): 378–393.
759:
724:(2): 357–377.
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594:transsexualism
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484:B. Both sides
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1687:bibliography
1649:In Australia
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1204:. Retrieved
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1117:. Retrieved
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481:A. One side
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157:Marine Corps
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1538:South Korea
682:Byun Hui-su
602:orchiectomy
570:transgender
536:active duty
521:C. Grade 5
518:B. Grade 5
516:A. Grade 4
490:B. Grade 5
488:A. Grade 4
465:D. Grade 5
462:C. Grade 4
459:B. Grade 3
457:A. Grade 7
439:Psychiatry
228:South Korea
197:Netherlands
174:South Korea
152:Coast Guard
1771:Categories
1702:Discharges
1560:by country
1516:By country
842:: 86–103.
688:References
453:D. Severe
450:C. Medium
412:homosexual
126:By country
1569:In Canada
1523:Australia
1336:Chingusai
1315:Kkonminam
1310:Homo Hill
1114:0362-4331
1049:142271412
1041:1461-6742
848:0145-840X
810:158397089
802:2328-9252
754:143736307
738:0731-1613
574:trans men
431:Criteria
416:cisgender
334:There is
259:Australia
142:Air Force
132:Australia
52:June 2019
1733:Category
1547:By topic
1445:Category
1376:See also
1143:OhmyNews
880:26 April
856:23718932
746:43923275
661:See also
496:Urology
471:Urology
447:B. Mild
419:status.
77:a series
75:Part of
1495:General
1302:Culture
1254:History
631:lonely.
1747:Portal
1654:Israel
1626:Israel
1533:Israel
1350:Events
1206:8 June
1178:8 June
1150:3 June
1119:2 June
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962:3 June
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542:duty.
254:Israel
233:Israel
192:Canada
169:Israel
1761:LGBTQ
1045:S2CID
852:JSTOR
806:S2CID
750:S2CID
742:JSTOR
1682:list
1208:2019
1180:2019
1152:2019
1121:2019
1110:ISSN
1082:2019
1037:ISSN
999:2019
964:2019
924:ISBN
882:2022
844:ISSN
798:ISSN
734:ISSN
626:gay:
604:and
162:Navy
147:Army
1270:Law
1029:doi
916:doi
790:doi
726:doi
576:or
538:or
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