- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires surgery
- Non-binary gender recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- Varies by Region
- Housing Discrimination
- Varies by Region
- Adoption
- ✖ Illegal
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Surveys in South Korea have revealed a prevalence of resistance towards LGBTQ+ rights.
OPPOSE
SUPPORT
South Korea Surveys
Support for Same-Sex Marriage Among Students in Elementary, Middle, and High School
(National Youth Policy Institute, 2023)
Support for Transgender Inclusion in the Military
(williamsinstitute, 2019)
(Macromill Embrain, The Diplomat, 2019)
(Macromill Embrain, The Diplomat, 2019)
(Macromill Embrain, The Diplomat, 2019)
(Macromill Embrain, The Diplomat, 2019)
(williamsinstitute, 2017)
(Gallup Korea, 2017)
(Gallup Korea, 2017)
History
Homosexual activity in South Korea is legal.
Current status
Legal
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 "anal intercourse" and other so-called “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.
Article 92-6 of the Military Criminal Act penalizes "anal intercourse" and other so-called “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.
Same-sex marriage in South Korea is banned.
Current status
Since Aug 15, 1948
Banned
There have been proposals to legalize same-sex marriage in Korea, but none have passed.
Censorship of LGBT Issues in South Korea is state-enforced.
Current status
State-enforced
Haphazard self-censorship of LGBTQ+ content, expression, and assembly is common in South Korea.
Right to change legal gender in South Korea is legal, but requires surgery.
Current status
Legal, but requires surgery
In a victory for LGBTQ rights, South Korea's supreme court ruled that transgender people have the right to change their legal sex status, regardless of whether they have underage children.
These guidelines include abusive or discriminatory requirements, such being at least 19 years old themselves, as well as being unmarried, diagnosed with “transsexualism” and having undergone hormone therapy and been sterilized.
These guidelines include abusive or discriminatory requirements, such being at least 19 years old themselves, as well as being unmarried, diagnosed with “transsexualism” and having undergone hormone therapy and been sterilized.
Legal recognition of non-binary gender in South Korea is not legally recognized.
Current status
Not legally recognized
No legal recognition.
LGBT discrimination in South Korea is illegal in some contexts.
Current status
Since Aug 15, 1948
Illegal in some contexts
There are some LGBT anti-discrimination protections in local jurisdictions, but national law doesn't protect against discrimination based on sexual orientation or gender identity.
LGBT employment discrimination in South Korea is varies by region.
Current status
Varies by Region
Illegal in some jurisdictions, proposed nationwide
LGBT housing discrimination in South Korea is varies by region.
Current status
Varies by Region
Illegal in some jurisdictions, proposed nationwide
Same-sex adoption in South Korea is illegal.
Current status
Illegal
No information about when adoption regulations went into effect.
Serving openly in military in South Korea is illegal.
Current status
Illegal
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.
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.
Blood donations by MSMs in South Korea is legal.
Current status
Legal
South Korea forbids people who have had sex "with certain high-risk individuals" within the past one year to donate blood. These rules apply equally to all people, regardless of their sexual orientation or gender identity. The official guidelines urge people to not donate for the purposes of finding out if they have AIDS.
Conversion therapy in South Korea is not banned.
Current status
Not banned
Conversion therapy is not criminalized. It is still encouraged as a plausible fix for homosexuality, with South Korean official Kim Seong-hoi calling homosexuality a "mental illness" and endorsing conversion therapy.
Equal age of consent in South Korea is equal.
Current status
Equal
Age of consent is equal for both homosexual and heterosexual relationships, set at 13 & 16 years old.
At 13, individuals can have sexual relations with anyone older than 13 and younger than 19. At 16, individuals can have sexual relations with anyone older than 16.
At 13, individuals can have sexual relations with anyone older than 13 and younger than 19. At 16, individuals can have sexual relations with anyone older than 16.
LGBT Rights by Province
View the LGBT laws in each individual province of South Korea.
- Jeju
- North Jeolla
- South Jeolla
- Busan Gwang'yeogsi [Pusan-Kwangyokshi] (Metropolitan City)
- Daegu Gwang'yeogsi [Taegu-Kwangyokshi] (Metropolitan City)
- Daejeon Gwang'yeogsi [Taejon-Kwangyokshi] (Metropolitan City)
- Gwangju Gwang'yeogsi [Kwangju-Kwangyokshi] (Metropolitan City)
- Incheon Gwang'yeogsi [Inch'n-Kwangyokshi] (Metropolitan City)
- Ulsan Gwang'yeogsi [Ulsan-Kwangyokshi] (Metropolitan City)
- Seoul Teugbyeolsi [Seoul-T'ukpyolshi] (Capital Metropolitan City)
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Alternative names: Taehan Min’guk (Namhan) (local name)