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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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Thailand have several but not all of the same rights as non-LGBT people. Both male and female types of same-sex sexual activity are legal in Thailand, and same-sex marriage rights within the nation are pending legalisation. 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 heterosexual 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 LGBT students face "bullying and harassment, a lack of confidential mental health support, exclusion from school curricula, and gender identity discrimination" in South Korean schools.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face significant challenges not experienced by non-LGBT residents. Both male and female kinds of same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have evolved significantly during the 21st century, though barriers to full equality still exist within the nation. In 2007, Nepal repealed the laws against gay sex and introduced several laws which explicitly protected "gender and sexual minorities". The Nepalese Constitution now recognizes LGBT rights as fundamental rights. On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict. The first same-sex marriage of a trans woman and a cisgender gay man occurred in November 2023. Nepal will be the first least developed country and the first in South Asia to legalize same-sex marriage, and the second in Asia after Taiwan.
Kathoey or katoey is an identity 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, however are seen as a third sex, being one body containing two souls. 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.
Transgender rights in Brazil include the right to change one's legal name and sex without the need of surgery or professional evaluation, and the right to sex reassignment surgery provided by Brazil's public health service, the Sistema Único de Saúde.
Sexual orientation and gender identity in the Australian military are not considered disqualifying matters in the 21st century, with the Australian Defence Force (ADF) allowing LGBT people to serve openly and access the same entitlements as other personnel. The ban on gay and lesbian personnel was lifted by the Keating government in 1992, with a 2000 study finding no discernible negative impacts on troop morale. In 2009, the First Rudd government introduced equal entitlements to military retirement pensions and superannuation for the domestic partners of LGBTI personnel. Since 2010, transgender personnel may serve openly and may undergo gender transition with ADF support while continuing their military service. LGBTI personnel are also supported by the charity DEFGLIS, the Defence Force Lesbian Gay Bisexual Transgender and Intersex Information Service.
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 January 2021, 22 countries allow transgender military personnel to serve openly: Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Czechia, Denmark, Estonia, Finland, France, Germany, Ireland, Israel, the Netherlands, New Zealand, Norway, Spain, South Africa, Sweden, and the United Kingdom. Cuba and Thailand reportedly allowed transgender service in a limited capacity. In 1974, the Netherlands was the first country to allow transgender military personnel. The United States has allowed transgender personnel to serve in the military under varying conditions since President Joe Biden signed an executive order that allowed them to do so.
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.
This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.
Military service of intersex people varies greatly by country. Some armed forces such as the Australian fully embrace intersex people in modern-day while others have vague rules or policies or treat the subject on a case by case basis, such as the United States.
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.
Gender self-identification is the concept that a person's legal sex or gender should be determined by their gender identity without any medical requirements, such as via statutory declaration.
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.
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