South Korea’s military discriminating based on sexual orientation

In South Korea, homosexuality is legal under the civilian law but is regarded as sexual harassment under the Military Penal Code. South Korea is a signatory to the United Nations Human Rights Council’s declaration in support for LGBT rights. Thus, criminalizing homosexuality only in the military can be seen as a violation of human rights in the country.

The incident that went viral

A video clip showing two military men from the South Korean military involved in a sexual act was released earlier this year which gained immense media attention. After the incident took place, military investigators confiscated the phones of 50 men in the services who were under suspicion of being gay.

It is mandatory for all able bodied South Korean men to serve in the armed forces of the country in their early 20s. Expulsion from the forces carries along with it, significant social stigma and affects their career prospects, family life and their reputation in the community. Thus, it can be viewed as an imposition of being heterosexual for a span of two years.

Sodomy Laws, Homosexuality in South Korea

The sodomy law defines certain sexual acts as crimes. However, it does not include homosexuality being seen as a crime. The sexual acts that are criminalized include those acts that are perceived as being immoral and unnatural.  Homosexuality in South Korea although legal is still a taboo among ordinary citizens, most of which come from conservative backgrounds. Historically, the nobility and monks in the region are known to have professed their attraction towards people of the same sex but such acts among ordinary citizens of the country hardly existed.

Political representation of homosexuality

The upcoming elections that are to take place on May 9th in South Korea have caused a turmoil among the LGBT community of the country as President Front-runner Moon Jae-in has explicitly opposed homosexuality. In his campaign, he has also stated that the participation of gay men weakens the South Korean military.

The government has continuously defended the sodomy clause in the military by contending that banning indecent conduct in the predominantly male military is necessary to maintain discipline. However, the military officials have also been accused of expelling gay men in the forces even when they haven’t practiced any sexual acts while on duty.

Assessment

Participation of men in the military being compulsory, discriminating against them based on their sexual orientation is a violation of their rights. In the present scenario with North Korea’s nuclear activities being a major threat to the region, it is in South Korea’s interest to be united militarily and make the armed forces stronger.

With South Korea conducting joint military exercises with the United States that openly supports the LGBT community, will these incidents give a rise to the clashes with the US?