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The issue of transgender people and military service in South Korea is a complex topic, regarding gender identity and bodily autonomy. Currently, transgender women are excluded from the military of South Korea. [1] [2]
 | This section needs expansion. You can help by adding to it. (November 2022) |
Transgender self-identification visibly emerged in the 2000s after Korean singer Harisu publicly came out as a transgender woman. [3] Although there was a dramatic emergence in the 2000s, transgender identity can be traced back to the 1950s. In earlier history, transgender identity was referred to as yeojangnamja, which translates to "men in women's clothes", and jungseong, which translates to "gender neutral".[ citation needed ]
The Resident Registration System establishes three parts of a citizen's legal identification: their birthday, place of origin, and gender. Gender is a binary code of 1 and 3, indicating male, or 2 and 4, indicating female. [4] Individuals who have transitioned can petition to have their number changed. [5] Those who are unable to change their legal gender and ID number can face problems, such as finding work and accessing services. [4]
In 2013, a court ruled that transgender individuals did not need to have sex reassignment surgeries to legally change their gender. [6] During this time, requests by transgender individuals to change their Family Register number to reflect their gender were filed. [6] However, few were actually granted. [6]
Previously, transgender individuals who wished to legally change their gender had to provide proof they were unmarried, did not have minor children, and had parental consent, regardless of their age. [7] However, on November 24, 2022, the South Korean Supreme Court ruled that having minor children is no longer a valid reason to deny an individual a legal sex status change. [8]
Another step in legal gender change is a medical and psychological examination. [4] Courts rely almost exclusively on this examination to proceed with the change[ citation needed ]. Medical examinations and treatment are not covered by health insurance, and few facilities offer specific treatment for transgender people. [9] [7] This creates barriers for transgender individuals who do not have enough money to pay for examinations or gender affirming surgery.
South Korea does not allow same sex couples to marry or adopt children, and there are no laws that prevent workplace discrimination or hate crimes against LGBT+ individuals. [10] Additionally, the South Korean military criminalizes same-sex relations. [4] Section 6 of Article 92 in the Korean Military Penal Code considers sex acts that occur between two individuals of the same gender to be molestation, even with consent, [4] and is punishable for up to two years. [11] The South Korean Constitutional Court reviewed Article 92 in 2002 and 2011 and found its content to be constitutional. [4] The South Korean government supports Article 92 in that it maintains discipline among the predominantly male military. [12] Article 92-6 does not explicitly reference transgender people. However, this policy has the potential to impact transgender individuals who have yet to have gender reassignment surgery (GRS). For example, a heterosexual transgender women who hasn't had GRS.
In 2005, eight soldiers were discharged for being gay. [13] In cases like these, sexuality is determined by doctor diagnosis and testimony from fellow soldiers. [13] In 2017, 32 men were charged with sodomy after military authorities began an investigation to crack down on "homosexual activities" amongst soldiers. [14] This included the use of Article 92–6 to sentence two male soldiers who had sex while off-base and off-duty. [15] However, in April 2022, the Supreme Court reversed their convictions on the grounds that criminalizing same-sex acts that occur off-base and off-duty would deny the soldiers their "rights to nondiscrimination, equality, dignity... and [pursuit of] happiness." [15] [16]
Service in the South Korean military became mandatory for all male citizens in 1949. [4] Because South Korea is technically still at war with North Korea, attempts to end mandatory military service continue to be denied. [4] According to cultural anthropologist Timothy Gitzen, this is called a "Cold War binary." [9] As of 2019, men ages 18 to 35 must spend a minimum of 21 months in active duty. [5]
At age 19, male citizens have their bodies closely examined by the Military Manpower Administration (MMA). [4] [5] The physical and psychological examination work together to determine how "suitable" an individual is for military service. [5] Historically, the MMA has accused individuals of identifying as transgender in order to evade conscription. [17] Some physicians suspected individuals were claiming to be transgender in order to be exempt from active duty. [17] They reportedly asked these individuals to undergo surgical procedures, such as an orchiectomy. [17]
The Draft Physical Examination in 1978 introduced "sexual perversion," later called "gender identity disorder," to determine physical and mental disabilities.[ citation needed ] If trans people have already been examined by medical professionals, they have to provide either a court decision or their entire physical examination report thus far that proves that they are, in fact, transgender. [18]
Conscription into the military is determined by the gender code within an individual's Resident Registration Number (RRN). [5] Transgender women who have not legally changed their RRN will be conscripted into the military to serve as "men". [5]
Due to the high cost of surgeries, many trans women cannot be exempt by way of legal gender change. [5] [7] Another way to gain exemption from active duty is to be diagnosed with "severe gender identity disorder" by a military doctor. [5] This "disorder" is classified as either mild or severe. [5] Because the MMA has previously charged women with identifying as transgender in order to evade conscription, several transgender women report feeling compelled to "undergo irreversible surgeries," such as an orchiectomy, which is the removal of the testicles. [5] [19] Between 2012 and 2015, 104 transgender women were exempt based on "testicle loss" and only 21 transgender women were exempt from service based on gender identity disorder. [9]
Trans women serving as "men" are assigned to second eligible conscription status, also known as de facto exemption, in the military.[ citation needed ]
Byun Hui-su is a woman who transitioned during her time in the South Korean military. [20] On January 22, 2020, she was discharged after undergoing gender reassignment surgery. [20] In March 2021, the 23-year-old was found dead in her home. [21] The South Korean court later found this discharge to be unlawful and discriminatory. The court made no further remarks about transgender individuals serving in the military. [22]
| | This section needs expansion. You can help by adding to it. (November 2022) |
Transgender men are not required to undergo a physical examination and are automatically exempt from active duty as the MMA considers them "disabled and impaired." [4] Under Article 136 of the Enforcement Decree of the Military Service Act, they are assigned to the second eligible conscription status which is reserved for individuals such as convicts and orphans. [4] [23] A transgender man who has not changed his legal gender will still be considered a "female," will not be conscripted, and is barred from volunteering to serve as a "man" in the military. [5]
The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.
The history and subculture surrounding transgender people in Singapore is substantial. As with LGBT rights in the country in general, transgender rights in Singapore have also evolved significantly over time, including various laws and public attitudes in regards to identity documents, as well as anti-discrimination measures used by or pertaining to transgender people, in the areas of employment, education, housing and social services, amongst others.
Transgender rights in Iran are limited, with a narrow degree of official recognition of transgender identities by the government, but with trans individuals facing very high levels of discrimination, from the law, the state, and from the wider society.
The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people in Thailand are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal, and the law legalizing same sex marriage is pending the royal assent. Thailand was the first Asian UN member state to pass a comprehensive same-sex marriage law, as well as the first in Southeast Asia and the 37th in the world. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.
Lesbian, gay, bisexual, and transgender (LGBT) people in South Korea face prejudice, discrimination, and other barriers to social inclusion not experienced by their non-LGBT counterparts. Same-sex intercourse is legal for civilians in South Korea, but in the military, same-sex intercourse among soldiers is a crime, and all able-bodied men must complete about two years of military service under the conscript system. South Korean national law does not recognize same-sex marriage or civil unions, nor does it protect against discrimination based on sexual orientation or gender identity. Same-sex couples cannot jointly adopt, and a 2021 Human Rights Watch investigation found that LGBTQ students face "bullying and harassment, a lack of confidential mental health support, exclusion from school curricula, and gender identity discrimination" in South Korean schools.
Kathoey or katoey is a term used by some people in Cambodia, Laos, and Thailand, whose identities in English may be best described as transgender women in some cases, or effeminate gay men in other cases. These people are not traditionally transgender, but are seen as a third sex. Transgender women in Thailand mostly use terms other than kathoey when referring to themselves, such as phuying. A significant number of Thai people perceive kathoey as belonging to a separate sex, including some transgender women themselves.
A transgender person is someone whose gender identity differs from that typically associated with the sex they were assigned at birth. Some transgender people who desire medical assistance to transition from one sex to another identify as transsexual. Transgender can function as an umbrella term; in addition to including binary trans men and trans women, it may also include people who are non-binary or genderqueer. Other definitions of transgender also include people who belong to a third gender, conceptualize transgender people as a third gender, or conflate the two concepts. The term may also include cross-dressers or drag kings and drag queens in some contexts. The term transgender does not have a universally accepted definition, including among researchers.
Not all armed forces have policies explicitly permitting LGBT personnel. Generally speaking, Western European militaries show a greater tendency toward inclusion of LGBT individuals. As of 2022, more than 30 countries allow transgender military personnel to serve openly, such as Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Israel, Japan, Mexico, the Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, Ukraine and the United States. Cuba and Thailand reportedly allowed transgender service in a limited capacity.
Conscription, sometimes called "the draft", is the compulsory enlistment of people in a national service, most often a military service. Men have been subjected to military drafts in most cases. Currently only two countries conscript women and men on the same formal conditions: Norway and Sweden.
Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.
The legal and regulatory history of transgender and transsexual people in the United States begins in the 1960s. Such legislation covers federal, state, municipal, and local levels, as well as military justice. It reflects broader societal attitudes which have shifted significantly over time and have impacted legislative and judicial outcomes.
Military service of intersex people varies greatly by country. Some armed forces such as the Australian Defence Force fully embrace intersex people in the modern era, while others such as the United States Armed Forces have vague rules or policies or treat the subject on a case by case basis.
The regulations regarding the service of intersex people in the United States Armed Forces are vague and inconsistent due to the wide range of human intersex conditions. The United States Armed Forces as a whole does not officially ban intersex people from service but does exclude many based on the form of their status. Policies regarding all intersex people are not addressed formally although depending on the type of sex variation some intersex people are allowed to serve. The United States military and their requirements for service makes it so they are frequently in a unique predicament when it comes to intersex bodies. With their position of needing to discern between male and female bodies, they are exposed to a broad variety of people, such as those who are intersex whose bodies may not match either classification and are more difficult to make decisions on. This ambiguity leads to confusion regarding military medical, behavioral, and legal laws.
The health access and health vulnerabilities experienced by the lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual (LGBTQIA) community in South Korea are influenced by the state's continuous failure to pass anti-discrimination laws that prohibit discrimination based on sexual orientation and gender identity. The construction and reinforcement of the South Korean national subject, "kungmin," and the basis of Confucianism and Christian churches perpetuates heteronormativity, homophobia, discrimination, and harassment towards the LGBTQI community. The minority stress model can be used to explain the consequences of daily social stressors, like prejudice and discrimination, that sexual minorities face that result in a hostile social environment. Exposure to a hostile environment can lead to health disparities within the LGBTQI community, like higher rates of depression, suicide, suicide ideation, and health risk behavior. Korean public opinion and acceptance of the LGBTQI community have improved over the past two decades, but change has been slow, considering the increased opposition from Christian activist groups. In South Korea, obstacles to LGBTQI healthcare are characterized by discrimination, a lack of medical professionals and medical facilities trained to care for LGBTQI individuals, a lack of legal protection and regulation from governmental entities, and the lack of medical care coverage to provide for the health care needs of LGBTQI individuals. The presence of Korean LGBTQI organizations is a response to the lack of access to healthcare and human rights protection in South Korea. It is also important to note that research that focuses on Korean LGBTQI health access and vulnerabilities is limited in quantity and quality as pushback from the public and government continues.
South Korean military laws and procedures discriminate against sexual minorities, or lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals, who serve in the military. At the time of enlistment, recruits are categorized based on their physical and mental health. Sexual minorities can be marked as having a “mental handicap” or “personality disorder,” which determines their status and duties as personnel. They can also be institutionalized in a mental facility or be dishonorably discharged. Military personnel have reported experiencing harassment, violence, and forcible revealing of their sexual orientation and/or gender identity.
Byun Hui-su was the first known transgender soldier in South Korea.
Transgender is a term describing someone with a gender identity inconsistent with that which was assigned to them at birth. In South Korea, transgender communities exist and obtaining gender affirmation surgery is possible, but there are many barriers for transgender people in the country. The former head of the LGBT Human Rights of Korea once stated that "Of all sexual minorities, transgender is the lowest class. They are often abandoned by their families and most of them drop out of school because of bullying. The inconsistency between their appearance and their citizen identification numbers often makes it hard for them to land decent jobs."
Legal gender, or legal sex, is a sex or gender that is recognized under the law. Biological sex, sex reassignment and gender identity are used to determine legal gender. The details vary by jurisdiction. Legal gender identity is fundamental to many legal rights and obligations, including access to healthcare, work, and family relationships, as well as issues of personal identification and documentation. The complexities involved in determining legal gender, despite the seeming simplicity of the underlying principles, highlight the dynamic interaction between biological characteristics, self-identified gender identity, societal norms, and changing legal standards. Because of this, the study of legal gender is a complex field that is influenced by cultural, historical, and legal factors. As such, a thorough investigation is necessary to fully understand the subject's implications and breadth within a range of legal systems and societies.
Arun Kumar &Anr. versus Inspector General of Registration&Ors. (2019) is a decision of the Madras High Court which recognised trans woman as a "bride" within the meaning of the Hindu Marriage Act 1955 and prohibited genital-normalizing surgery for intersex infants and children except on life-threatening situations.
{{cite web}}: CS1 maint: multiple names: authors list (link)LGBT topics in South Korea | |
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