Current Version
| Region | South Korea |
| Issue | Serving openly in military |
| Status | Illegal |
| Start Date | past |
| End Date | now |
| Description | Same-sex intercourse is not illegal for civilians in South Korea, but it is between men in the military. Article 92-6 of the Military Criminal Act penalizes “indecent acts” in any military setting with up to two years in prison — and all able-bodied men must serve about two years in the military. No law criminalizes heterosexual intercourse in the South Korean military. However, there are some signs that restrictions on LGBTQ service members may be easing: In 2022, the South Korean Supreme Court overturned the conviction of two soldiers for gay sex, and in 2021, a district court posthumously reinstated a transgender soldier who died by suicide after being dismissed from the army. |
| Sources | https://www.nbcnews.com/nbc-out/out-news/south-koreas-lgbtq-community-confronts-crushing-headwinds-fight-equali-rcna57777 |
Revision History (2)
Revision by rainbowmit1. Corrected error
| Old Value | New Value (Current) | |
|---|---|---|
| Value | (REMOVED) | Illegal |
| Special Status | Ambiguous | Illegal |
| Description | Serving openly is possible, but legal difficulties and prosecution applies. | Same-sex intercourse is not illegal for civilians in South Korea, but it is between men in the military. Article 92-6 of the Military Criminal Act penalizes “indecent acts” in any military setting with up to two years in prison — and all able-bodied men must serve about two years in the military. No law criminalizes heterosexual intercourse in the South Korean military. However, there are some signs that restrictions on LGBTQ service members may be easing: In 2022, the South Korean Supreme Court overturned the conviction of two soldiers for gay sex, and in 2021, a district court posthumously reinstated a transgender soldier who died by suicide after being dismissed from the army. |
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| Sources | https://www.nytimes.com/2019/07/10/world/asia/south-korea-army-gay.html | https://www.nbcnews.com/nbc-out/out-news/south-koreas-lgbtq-community-confronts-crushing-headwinds-fight-equali-rcna57777 |
Show Difference | ||
Revision by Meelis
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Illegal | (REMOVED) |
| Special Status | (REMOVED) | Ambiguous |
| Start Date | Aug 15, 1945 | (NONE) |
| Description | Article 92 of the South Korean Military Code provides punishment for gay men in the South Korean Military including dishonorable discharge. | Serving openly is possible, but legal difficulties and prosecution applies. |
Show Difference | ||
| Sources | http://www.koreatimes.co.kr/www/news/nation/2010/09/117_67179.html | https://www.nytimes.com/2019/07/10/world/asia/south-korea-army-gay.html |
Show Difference | ||
Reports (3)
- Status is not correct "In 2017, there was a search and punishment for homosexuals against their will in the military."
- Newer law has been passed "South Korea recently overruled that law"
- Note field is incorrect "All Korean men, regardless of their sexual orientation, are required to be conscripted and serve in the military. Indicating that you’re a homosexual will not get you out of it, nor would it be punishable. However, any sexual act between the military members (who are usually men, therefore often same-sex) are illegal and punishable "