[CARD NEWS] The Persecution of Korea’s Gay Servicemen

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[CARD NEWS] The Persecution of Korea’s Gay Servicemen

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A Korean army captain was sentenced to six months imprisonment for having sex with another man. Human rights groups both at home and overseas as well as the United Nations are calling for the outdated policy to be repealed.

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1) A Korean army captain was arrested last month while on a business trip.

2) The captain was accused of having gay sex by a group of military officials who are allegedly leading an effort to target gay serviceman.

3) On May 24, after a month long trial, the military court ruled that the captain was guilty. The captain was sentenced to six months of imprisonment suspended for a year.

“Although the captain was supposed to set an example, he was engaged in sexual assault and undermined military discipline by indiscriminately meeting homosexuals using a gay dating application.”

After hearing the verdict the captain fainted and was hospitalized.

4) Following the ruling the military has come under fire from a number of human rights groups.
They accuse the military of discriminating against gay people and infringing on their privacy.

“The captain had a consensual relationship with someone who has no connection with his work in a private space. The nation labeled the individuals private act as a crime solely because he is gay.” — The Military Human Rights Center of Korea (MHRCK)

5) In addition, the military is accused of using fake accounts on dating apps to track down gay servicemen.

5) What sparked a major dispute in this trial, in particular, is the military criminal code that served as the legal basis for the sentence.

“A serviceman who has anal sex or commits assault is punishable by up to two years in jail.”
- Para. 6 of Art. 92 of the Military Criminal Code

6) In fact, the code has long been a source of social friction. “Sodomy” was the original term written in the article, but it was replaced with the current wording in 2013 to avoid being prejudiced against gay people.

7) The code has been challenged three times over its constitutionality, under the concern that it tacitly oppresses gay people and infringes on personal matters. However, every trial ruled that the code is constitutional.

“[The code] has the intention of establishing military discipline and sound communal life.” — The Constitutional Court

8) The debate over the code, however, emerged again. Lawmaker Kim Jong-dae of the Justice Party submitted a motion to repeal the code last Wednesday.

“[The law] needs to be revised as it infringes on freedom of privacy and the right of choice by punishing nonviolent same-sex relationships.” — Kim Jong-dae

This is not the first time that Kim has tried to raise the issue in the National Assembly. Earlier this year Kim attempted to submit a similar motion and was not able to get the requisite 10 signatures. Only one lawmaker outside of the Justice Party was willing to support the effort.

9) In fact, the nation’s position goes against that of the United Nations. The UN advised that the law should be repealed in 2012 following the international trend of decriminalizing homosexuality, and the United Nations Human Rights Committee did so in 2015.

10) The situation in Korea is a sharp contract to Taiwan. On the same day that the captain was ruled guilty, a Taiwanese court affirmed the right of gay couples to register their marriages. In the U.S., the policy known as “Don’t Ask Don’t Tell,” which banned openly gay from serving in the military, was repealed in 2011.

11) The social atmosphere here in South Korea, however, is yet to follow such a trend. Overall social consent is lacking here, and the tough backlash from conservatives including powerful religious groups proves that.

“What is more urgent than protecting the rights of sexual minorities is the rights of our children, who could be sexually victimized by their military superiors.” — Statement from the Communion of Churches in Korea

12) The unique circumstances of the Korean military are also a factor, as the military maintains its large force in fear of potential conflict with North Korea.

“The code is particularly due to the exceptional circumstances of the army. Once the sexually disordered behavior prevails inside the army, the combat power would be harmed directly.” — The Constitutional Court

13) Despite growing pressure both home and abroad, the prosecution of gay servicemen looks likely to continue unless Article 92-6 is repealed



Written by Son Min-young
Designed by Son Min-young
Edited by Jim Bulley
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