In a report published on Thursday, Amnesty International called on South Korea to abolish a law criminalizing consensual gay sex in the military.
The report focuses on the “discrimination, intimidation, violence, isolation and impunity” that soldiers experience as a result of Article 92-6 of the Military Criminal Act, which punishes sexual activity between men in the military.
All men in South Korea are required to perform a minimum of 21 months of military service, and thus are all subjected to this law. In addition, Amnesty states the military code in South Korea “allows the invasion of privacy of soldiers allegedly engaging in sex between men both on and off base and on or off duty,” Meaning that individuals can be investigated for actions that take place in their homes.
According to the report, the power dynamics within the military lead to people hiding their sexual orientation while they complete the compulsory military service:
People interviewed for this report confirmed that power dynamics in the military made it difficult for individuals to report their superiors and Article 92-6 of the Military Criminal Act means male survivors of rape and other sexual violence may be even more reluctant to reclaim their rights due to fear of prosecution. Survivors could be penalized – and according to NGOs, have been in some cases – if the authorities determine the sexual act to have been consensual.
By institutionalizing discrimination, the Amnesty claims the Military Criminal Act reinforces the systematic stigmatization of LGBTI people. This includes the treatment of transgender individuals in the military, with the Military Manpower Administration charging several transgender women with evasion of military service.
The report concludes that: “South Korea’s military code does not comply with the international human rights obligations the state has signed on to and instead fuels further violence, discrimination and stigmatization, both within the military and in broader society.”
Amnesty provided several recommendations for different branches of the South Korean government, focusing on decriminalizing gay sex and on protecting LGBTI persons from discrimination both within the military and society as a whole.