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.
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.
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.
[7][8][9] 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.
[9] A sergeant first class was indicted for sexual molestation of a colleague, but the military court questioned its legitimacy and the case was handed over for constitutional review.
Trans men who change their legal gender are assigned to Grade 5, which makes them unfit for active or reservist duty.
A 2006 Supreme Court ruling stated that trans women who have a legal gender change are automatically exempt from military service.
The criteria to change one's legal gender includes written diagnoses of transsexualism from two or more psychiatrists, sterilization, and genital reconstruction.
[2] 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.
[2] Although not a legally sanctioned practice, an orchiectomy procedure would allow for an individual to meet another exemption criterion of "testicle loss".
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 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.
Personnel would typically conceal their sexual orientations and gender identities in fear of harassment, discrimination, and other forms of violence towards them.
[9][12] Yol Jeong, a Korean queer activist, revealed how he was tormented in the military when he came out as gay:I was sent to a hospital where people beat me, mocked me and ordered me to harass another man.
[3] 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.
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.
[12] Students from Sogang University protested the Army Chief of Staff, chanting for the "gay soldier witch hunt" to stop immediately.
[15] 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.