South Korea’s constitutional court sitting on Thursday has upheld a law that bans same-sex relationships within the military.
The court’s decision is based on the belief that same-sex relationships could potentially harm the combat readiness of troops and undermine discipline.
In South Korea same-sex intercourse between civilians in South Korea is not considered a crime since 2003.
However, military service is compulsory in the country, requiring all able-bodied men aged between 18 and 28 to serve for approximately 20 months.
This ruling has faced strong condemnation from activists, who argue that it perpetuates violence and discrimination against gay soldiers.
Amnesty International East Asia researcher Boram Jang stated that the ban has “institutionalized discrimination, reinforced systematic disadvantages faced by LGBT people, and risked inciting or justifying violence against them, both inside the military and in everyday life.”
The court, in a close five-to-four vote, declared that Article 92-6 of the military criminal act is constitutional.
This particular article does not explicitly mention same-sex intercourse but prohibits “anal intercourse” or “any other indecent act” during military service. Violating this law can lead to a prison term of up to two years.
However, same-sex marriage is not legally recognized, and being gay is sometimes viewed as a disability or even a medical condition in South Korea.
