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LGBT rights in South Korea

LGBT rights in South Korea South Korea
South Korea (orthographic projection).svg
Same-sex sexual activity legal? No laws against homosexuality in recorded Korean history
Gender identity/expression Transsexual persons allowed to change legal sex
Military service Homosexuality not condoned by military. All male citizens are conscripted into service and subject to military's policies regarding homosexuality
(see below)
Discrimination protections Some
Family rights
Recognition of
relationships
No

Lesbian, gay, bisexual, and transgender (LGBT) people in South Korea face legal challenges and discrimination not experienced by non-LGBT residents. Male and female same-sex sexual activity is legal in South Korea.

Homosexuality in South Korea is not specifically mentioned in either the South Korean Constitution or in the Civil Penal Code. Article 31 of the Korean Human Rights Committee Law states that "no individual is to be discriminated against on the basis of his or her sexual orientation." However, Article 92 of the Military Penal Code, which is currently under a legal challenge, singles out sexual relations between members of the same sex as "sexual harassment", punishable by a maximum of one year in prison. The Military Penal Code does not make a distinction between consensual and non-consensual crimes and names consensual intercourse between homosexual adults as "reciprocal rape" (Hangul상호강간; Hanja相互强姦). But a military court ruled in 2010 that this law is illegal, saying that homosexuality is a strictly personal issue. This ruling was appealed to South Korea's constitutional court, which has not yet made a decision.

Transgender people are allowed to have sex reassignment surgery in Korea after age 20, and can change their gender information on official documents.Harisu is South Korea's first transgender entertainer, and in 2002 became only the second person in South Korea to legally change genders.

General awareness of homosexuality remained low among the Korean public until recently, with increased awareness and debate coming to the issue, as well as gay-themed entertainment in mass media and recognizable figures and celebrities, such as Hong Seok-cheon, coming out in public. But gay and lesbian Koreans still face difficulties, and many prefer not to reveal their gay identity to their family, friends or co-workers.


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