Beautiful Virgin Islands

Tuesday, Jun 03, 2025

South Korea's top court overturns convictions of gay soldiers

South Korea's top court overturns convictions of gay soldiers

South Korea's Supreme Court on Thursday threw out a military court ruling that convicted two gay soldiers for having sex outside their military facilities, saying it stretched the reading of the country's widely criticized military sodomy law.
The court's decision to send the case back to the High Court for Armed Forces was welcomed by human rights advocates, who had long protested the country's 1962 Military Criminal Act's Article 92-6, which prohibits same-sex conduct among soldiers in the country's predominantly male military.

The article prescribes a maximum prison term of two years for "anal intercourse" and "any other indecent acts" between military personnel. Following the Supreme Court's full panel deliberation of its 13 justices, Chief Justice Kim Myeong-su said they concluded the provisions should not be applied to consensual sex between male service members that takes place outside military facilities during off-duty hours.

"The specific ideas of what constitutes as indecency has changed accordingly with the changes in time and society," Kim said in a decision that was broadcast online. "The view that sexual activity between people of the same sex is a source of sexual humiliation and disgust for objective regular people and goes against decent moral sense can hardly be accepted as a universal and proper moral standard for our times."

The court later said in a press release that the decision was meaningful as a "declaration that consensual same-sex sexual activity (among military service members) could no longer been considered as punishable in itself."

The two defendants - an army lieutenant and sergeant from different units - had been charged by military prosecutors in 2017 for having sex during off-duty hours at a residence outside their bases in 2016. They were among at least nine soldiers who were indicted in what critics described as the army's aggressive crackdown on gay soldiers in 2017.

The defendants had appealed after the military high court upheld their convictions by a lower court based on Article 92-6 and gave them suspended prison terms.

South Korea's Defense Ministry said it will "carefully examine" the Supreme Court's decision while proceeding with the case sent back to the military court.

The Seoul-based Center for Military Human Rights welcomed the decision, saying it set a new judicial precedent that could help tackle discrimination against sexual minorities in the military and strengthen protection of their privacy. The group in a statement called for courts to acquit all service members charged with violating Article 92-6 and for the country's Constitutional Court to rule the provision as unconstitutional.

The Constitutional Court had received numerous complaints regarding Article 92-6 despite upholding the provision three different times, mostly recently in 2016.

South Korea's military has long been criticized over how it treats sexual minorities among its service members.

The district court in Daejeon city in October last year ruled that the army unlawfully discriminated against the country's first known transgender soldier, Byun Hui-su, by discharging her for undergoing gender reassignment surgery, in a verdict that came seven months after she was found dead at her home.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
China Accuses US of Violating Trade Truce
Panama Port Owner Balances US-China Pressures
France Implements Nationwide Outdoor Smoking Ban to Protect Children
German Chancellor Merz Keeps Putin Guessing on Missile Strategy
Mandelson Criticizes UK's 'Fetish' for Abandoning EU Regulations
British Fishing Boat Owner Fined €30,000 by French Authorities
Dutch government falls as far-right leader Wilders quits coalition
Harvard Urges US to Unfreeze Funds for Public Health Research
Businessman Mauled by Lion at Luxury Namibian Lodge
Researchers Consider New Destinations Beyond the U.S.
53-Year-Old Doctor Claims Biological Age of 23
Trump Struggles to Secure Trade Deals With China and Europe
Russia to Return 6,000 Corpses Under Ukraine Prisoner Swap Deal
Microsoft Lays Off Hundreds More Amid Restructuring
Harvey Weinstein’s Publicist Embraces Notoriety
Macron and Meloni Seek Unity Despite Tensions
Trump Administration Accused of Obstructing Deportation Cases
Newark Mayor Sues Over Arrest at Immigration Facility
Center-Left Candidate Projected to Win South Korean Presidency
Trump’s Tariffs Predicted to Stall Global Economic Growth
South Korea’s President-Elect Expected to Take Softer Line on Trump and North Korea
Trump’s China Strategy Remains a Geopolitical Puzzle
Ukraine Executes Long-Range Drone Strikes on Russian Airbases
Conservative Karol Nawrocki wins Poland’s presidential election
Study Identifies Potential Radicalization Risk Among Over One Million Muslims in Germany
Good news: Annalena Baerbock Elected President of the UN General Assembly
Apple Appeals EU Law Over User Data Sharing Requirements
South Africa: "First Black Bank" Collapses after Being Looted by Owners
Poland will now withdraw from the EU migration pact after pro-Trump nationalist wins Election
"That's Disgusting, Don’t Say It Again": The Trump Joke That Made the President Boil
Trump Cancels NASA Nominee Over Democratic Donations
Paris Saint-Germain's Greatest Triumph Is Football’s Lowest Point
OnlyFans for Sale: From Lockdown Lifeline to Eight-Billion-Dollar Empire
Mayor’s Security Officer Implicated | Shocking New Details Emerge in NYC Kidnapping Case
Hegseth Warns of Potential Chinese Military Action Against Taiwan
OPEC+ Agrees to Increase Oil Output for Third Consecutive Month
Jamie Dimon Warns U.S. Bond Market Faces Pressure from Rising Debt
Turkey Detains Istanbul Officials Amid Anti-Corruption Crackdown
Taylor Swift Gains Ownership of Her First Six Albums
Bangkok Ranked World's Top City for Remote Work in 2025
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
×