The Constitutional Court of South Korea upheld a law for the fourth time that criminalizes same-sex relations within its military service. The court, regarded as one of the highest in the country, stood firm in its belief that same-sex activities within the military might lead to deterioration of discipline and adverse effects on the battle capacities of the military.
The regulation referred to is Article 92-6 of the Military Criminal Act of South Korea. This states that an individual who commits “indecent acts” with any military member of the same sex shall face punishment by imprisonment with labor for a period not exceeding two years. Boram Jang, an East Asia researcher at Amnesty International, expressed disappointment at the court’s decision, calling it a worrying regression in the nation’s extended endeavour for equality. The ruling, Jang told the Guardian, “underscore[s] the widespread prejudice experienced by LGBTI people in South Korea”.
Human rights groups have argued that Article 92-6 does not align with international human rights obligations. Notably, several allies of South Korea have repealed similar provisions in an effort to align with international obligations that safeguard LGBTQ+ people from discrimination.
For instance, the US implemented the “don’t ask, don’t tell” (DADT) policy on military service from 1993 to 2011, which restricted queer individuals from revealing their sexual orientation or discussing any same-sex relationships. However, in 2011, the US Congress repealed the DADT policy, enabling queer people to openly serve in the military. Similarly, in 2000, the UK repealed its law that prohibited gay people from serving in the military, a change brought upon by a judgement of the European court.
The persistent upholding of the law in South Korea traceably validates the ongoing prejudice encountered by the LGBTI community in the country, drawing a vital line of concern for human rights advocates globally.