List of Current South Korean Laws on Sexual Orientation and Gender Identity (2014)

Laws on sexual orientation and gender identity

  • Area: Military

    Title of Law: Military Criminal Act

      History

    • Enacted in 1962.
    • With the 2009 revision of Article 92 as Article 92(5), the statutory punishment increased from imprisonment with prison labor for up to one year to imprisonment with prison labor for up to two years. In effect since Feb. 3, 2010.
    • With the major revisions in 2013 of laws related to sexual violence including the Criminal Act, the provisions on sexual violence in the Military Criminal Act were revised as well. In the process, the term gyegan was deleted and replaced with the term “anal sex”(reflecting the opinion of the Ministry of National Defense).

      Contents

    • In the past, Article 92 (Disgraceful Conduct) in Chapter 15(Other Crimes) provided, “A person who commits gyegan1 or other disgraceful conduct shall be punished by imprisonment with prison labor for not more than one year,” even punishing mutually consensual sexual acts between samesex soldiers by not requiring coercion as an element.
    • The 2009 revision stipulates Article 92(5)(Disgraceful Conduct) “A person who commits gyegan or other disgraceful conduct shall be punished by imprisonment with prison labor for not more than two years” under Chapter 15(Crimes of Rape and Molestation), thus raising the statutory punishment.
    • The 2013 revision stipulates Article 92(6)(Disgraceful Conduct) A person who commits anal sex or other disgraceful conduct on a person falling under any provision of Article 1(1) through (3) shall be punished by imprisonment with prison labor for not more than two years.2
    • In both 2002 and 2011, the Constitutional Court of Korea ruled the article to be constitutional.3
    • Although National Assembly member Min Hong-chul proceeded with a bill in 2013 for the revision of the law to punish sexual acts between females as well, he withdrew it after controversy over the proposed change.
  • Area: General

    Title of Law: National Human Rights Commission Act

      History

    • Enacted in 2001.
    • The provision on discriminatory acts violating the right to equality transferred from Article 30(Matters Subject to Investigation) to Article 2(Definitions).

      Contents

    • As discriminatory acts violating the right to equality, the provision stipulates acts of favorably treating, excluding, differentiating, or unfavorably treating an individual in employment, in supply or use of goods and services, or in education or use of educational facilities, etc. on the ground of sexual orientation as well as acts of sexual arassment(Article 2 Subparagraph 3).
    • When a discriminatory act occurs in relation to the performance of duties by state institutions or is committed by corporations, organizations, or private persons, the victim or any individual or organization that is aware of such facts may file petitions(Article 30 Paragraph 1).
    • Even without petitions, the National Human Rights Commission of Korea may conduct investigations ex officio when there is a reasonable ground to believe a discriminatory act exists and the matter is serious(Article 30 Paragraph 3).
    • The National Human Rights Commission of Korea may conduct investigations on such acts and mediate or recommend relief measures, rectification, or disciplinary actions, or report to the authorities when discriminatory acts are found to have occurred(Articles 40, 42, 44, etc.).
    • Article 2(Definitions) The definitions of terms used in this Act shall be as follows:
      3. The term “discriminatory act violating the right to equality” means any of the following acts committed without reasonable cause based on sex, religion, disability, age, social status, region of origin(including place of birth, first-registered domicile, one's legal domicile, and major residential district where a minor lives until he/she becomes an adult), national origin, ethnic origin, physical conditions including appearance, marital status such as married, single, separated, divorced, widowed, and de facto married, race, skin color, thoughts or political opinions, family type or family situation, pregnancy or birth, criminal record of which effective term of the punishment has expired, sexual orientation, academic background or medical history, etc; Provided, That an act of rovisionally treating favorably a particular person(including groups of particular persons; hereinafter the same shall apply) for the purpose of remedying existing discrimination, and the enactment or amendment of laws and regulations and the formulation and enforcement of policy to this effect, shall not be deemed as the discriminatory act violating the right to equality (hereinafter referred to as the “discriminatory act”):
      (a) Any act of favorably treating, excluding, differentiating, or unfavorably treating a particular person in employment(including recruitment, hiring, training, placement, promotion, wages, payment of commodities other than wages, loans, age limit, retirement, and dismissal, etc.);
      (b) Any act of favorably treating, excluding, differentiating, or unfavorably treating a particular person in the supply or use of goods, services, transportation, commercial facilities, land, and residential facilities;
      (c) Any act of favorably treating, excluding, differentiating, or unfavorable treating a particular person in the provision of education and training at or use of educational facilities or vocational training institutions; and
      (d) An act of sexual harassment [which means sexual comment or act made by employers, employees or workers of public institutions(which mean government institutions, local governments, schools established under Article 2 of the Elementary and Secondary Education Act, Article 2 of the Higher Education Act and other laws, and public service-related organizations under Article 3(2)(1) of the Public Service Ethics Act) that causes the sense of sexually-related humiliation or degradation by using his/her position or in relation to business and etc.; or disadvantage in employment by reasons of refusal to respond to such sexual language, act or other demand]
  • Area: Correctional facilities

    Title of Law: Administration and Treatment of Correctional Institution Inmates Act

      History

    • Provision newly added with the entire revision of the Criminal Administration Act in 2007.
    • In effect since 2008.

      Contents

    • Article 5 (Prohibition of Discrimination) Prisoners shall, without reasonable grounds, not be discriminated on the grounds of sex, religion, disability, age, social status, region of origin, national origin, ethnic origin, physical conditions including appearance, medical history, marital status, political opinion, sexual orientation, etc.
    • As for remedies for violations of the rights, it provides for interviews with the heads of correctional facilities, petitions, etc. (Articles 116 and 117).
  • Area: Correctional facilities/Military

    Title of Law: Act on the Execution of Criminal Penalties in the Armed Forces and the Treatment of Military Inmates

      History

    • Provisions newly added with the entire revision of the Military Criminal Administration Act in 2009.
    • In effect since May 2010.

      Contents

    • Provisions are almost identical to those above (Articles 6, 101, and 102).

Administrative rules and Supreme Court established rules on sexual orientation and gender identity

  • Area: Legal gender recognition

    Title of Rule: Guidelines on the Clerical Processing of Cases of Transgender People’s Application for Legal Gender Recognition (Supreme Court established rules on family relationship registration)

      History

    • Enacted in 2007 in response to the successful legal gender recognition of a transgender person through a 2006 Supreme Court decision.4
    • Revised in 2009 in partial acceptance of a 2008 recommendation from the National Human Rights Commission of Korea.5
    • Previously, legal gender recognition was not permitted to transgender people with (a) child(ren) regardless of the child(ren)’s age(s). In accordance with a 2011 Supreme Court decision,6 however, this has been revised to investigate the presence of (a) minor child(ren) so that if transgender people’s children have reached majority, legal gender recognition may be permitted.
    • With the 2013 revision of the age of majority in the Civil Act from 20 years to 19 years, the possible age to apply for legal gender recognition was changed from 20 years to 19 years.

      Contents

    • These Guidelines provide the procedures, etc. for the application for and decision-making on legal gender recognition.
    • They provide the list of documents to be submitted and the matters to be investigated.
    • Article 3 (Attached Documents) (1) The applicant shall attach the following documents to the application form in Article 9 Paragraph 1 of the Non-contentious Case Procedure Act:
      1. A basic certificate of the family relationship register, a family relationship certificate, and a transcript/abstract of the resident register;
      2. Written diagnoses or appraisals from two or more professionally trained psychiatrists who diagnosed the applicant with transsexualism;
      3. A written report of opinions and findings from the surgeon who performed gender reassignment surgery confirming that the applicant received gender reassignment surgery and currently exhibits a physical appearance similar to the genitals of the sex opposite of his or her biological sex [When a written report of opinions and findings in the name of the surgeon who performed gender reassignment surgery cannot be attached, the applicant may explain the reasons for his or her inability to attach the report and submit a written physical appraisal in another professionally trained physician’s name. In the case where the applicant received gender reassignment surgery overseas, he or she shall submit a written diagnosis (a written physical appraisal, a report of opinions and findings) from a physician professionally trained in plastic surgery or obstetrics and gynecology in South Korea confirming that the applicant currently has the external genitals, etc. of the gender opposite his or her sex as a result of the surgery.];
      4. A written diagnosis or appraisal in a professionally trained physician’s name confirming that the applicant currently lacks reproductive capacity and that there is no possibility for reproductive capacity to develop or to be recovered in the future as well;
      5. The applicant’s statement of his or her growth environment and letters of guarantee from two or more references (the statement of growth environment and the letters of guarantee from references shall include: (i) a specific statement of the applicant’s interpersonal relationships including relationships with members of the opposite sex and public life for each period including infancy, childhood, youth, adulthood, etc.; and (ii) a statement to the effect that the applicant continuously lived with a gender identity or self opposite of his or her biological sex for a certain duration from before receiving gender reassignment surgery, received gender reassignment surgery as a manifestation of such a gender identity or self, and leads public life in great satisfaction with the gender identity or self currently established since gender reassignment surgery.); and
      6. A written consent from the parents.
    • Article 6 (Matters for Investigation) To examine a case applying for legal gender recognition, the court is to investigate the following grounds regarding the applicant:
      1. Whether the applicant, as a national of the Republic of Korea, is a person of legal capacity aged 19 or above, is currently married, or has (a) minor child(ren);
      2. Whether the applicant has experienced continuous pain due to the disagreement between his or her inherent, biological sex and consciousness since his or her growth period due to transsexualism and felt a sense of belonging to the opposite sex instead;
      3. Whether the applicant still wished for surgical measures despite prolonged treatment through psychiatric treatment or hormone treatment and therefore received gender reassignment surgery under a qualified surgeon’s judgment and responsibility and whether his or her physical appearance including the external genitals has been changed to that of the opposite sex;
      4. Whether, as a result of gender reassignment surgery, the applicant has lost reproductive capacity and whether the likelihood of his or her re-transition into his or her original sex in the future is absent or extremely thin;
      5. Whether the applicant has special circumstances such as applying for legal gender recognition for the intention or purpose of using it for acts that are criminal or evade the law.
  • Area: Criminal Procedure

    Title of Rule: Regulations on the Duties of Police Officers for Human Rights Protection (Korean National Police Agency Directive)

      History

    • Enacted in 2005.

      Contents

    • Article 2 Subparagraph 4 defines “Sexual minorities” as “Those who are minorities in terms of their own sexual identities including homosexuals, bisexuals, and transgender people.”
    • Chapter 4 (Investigation) Section 3 (Protection of Social Minorities) Article 76 (Investigation of Sexual Minorities) stipulates, “When a sexual minority person does not wish to disclose his or her sexual identity, it shall be respected to the greatest extent possible. Even when [his or her sexual identity] must inevitably be disclosed to the family and others, the reasons shall be explained adequately,” thus restricting outing.
    • Chapter 4 (Investigation) Section 4 (Guarantee of the Human Rights of Confinees) Article 80 (Consideration for the Socially Marginalized) Paragraph 4 provides, “As for confinees who are sexual minorities, when they so wish, measures such as solitary confinement shall be taken.”
    • The first use of the term “sexual minorities” in administrative rules.
  • Area: Criminal Procedure

    Title of Rule: Regulations on the Duties of Police Officers for Human Rights Protection (Ministry of Public Safety and Security Directive)

      History

    • Originally enacted in 2007 as a Korea Coast Guard Directive but revised as a Ministry of Public Safety and Security Directive with the absorption of the Korea Coast Guard by the newly created Ministry of Public Safety and Security following the tragic sinking of the MV Sewol.

      Contents

    • The same provisions as above, with slight differences in their positions.
  • Area: Criminal Procedure/h3>

    Title of Rule: Working Rules on Investigations Protecting Human Rights (Ministry of Justice Directive)

      History

    • In effect since 2006.

      Contents

    • Article 4 (Prohibition of Discrimination) Individuals related to cases including suspects shall, without reasonable grounds, not be discriminated on the grounds of sex, religion, age, disability, social status, region of origin, race, nationality, physical conditions including appearance, medical history, marital status, political opinion, sexual orientation, etc.
  • Area: Criminal Procedure

    Title of Law: Regulations on the Confinement and Escort of Suspects (Korean National Police Agency Directive)

      History

    • In effect since 2007.

      Contents

    • Article 19 (Guidelines on Confinee Protection Officers’ Performance of Duties) (2) Confinee protection officers shall continuously make rounds inside detention houses while on duty to examine confinees’ movements, endeavor to prevent accidents by especially taking care that the following acts do not occur, and take emergency measures and report immediately to the main officer in charge of protecting confinees so that necessary measures will be taken when unusual circumstances are discovered:
      11. Acts of bullying or discrimination against people with disabilities, foreigners, sexual minorities, et al.
  • Area: Criminal Procedure

    Title of Rule: Regulations on the Confinement and Escort of Suspects (Ministry of Public Safety and Security Directive))

      History

    • In effect since Sept. 2011./li>
    • Originally enacted as a Korea Coast Guard Directive but revised as a Ministry of Public Safety and Security Directive with the absorption of the Korea Coast Guard by the newly created Ministry of Public Safety and Security following the tragic sinking of the MV Sewol.

      Contents

    • The same provisions as above.
    • The reference to the bullying of sexual minorities as above was not included in the past, unlike the Korean National Police Agency Directive, but recently added.
  • Area: Military/correctional facilities

    Title of Rule: Directive on the Execution of Detention in a Guardhouse and Standards for the Treatment of Disciplinary Guardhouse Inmates (Ministry of National Defense Directive)

      History

    • Enacted in Feb. 2011.
    • 2015-06-26

      Contents

    • Article 5 (Prohibition of Discrimination) Disciplinary guardhouse inmates shall, without reasonable grounds, not be discriminated or unjustly treated on the grounds of rank, age, religion, academic background, region of origin, appearance, sexual orientation, etc.
  • Area: Military

    Title of Rule: Regulations on Examination such as Draft Physical Examination (Ordinance of the Ministry of National Defense)

      History

    • A proviso added in 2008 in accordance with a 2007 recommendation from the National Human Rights Commission of Korea.7

      Contents

    • In principle, urological examinations implemented as a part of military conscription physical examinations must be conducted with partitions separating individuals. In the case of transgender people, however, the examinations can be replaced by a written decision from a court, or a certificate of physical examination or a statement of radiological findings, etc. indicating the subject to be a transgender person (proviso in Article 8 Paragraph 2 Subparagraph 10).
  • Area: Military

    Title of Rule: Regulations on Examination such as Draft Physical Examination (Ordinance of the Ministry of National Defense)

      History

    • In the partial revision of Dec. 7, 1978, “sexual perversion” was introduced as a criterion for evaluating mental and physical disabilities.
    • In the revision of Jan. 30, 1999, the stipulation “sexual perversion” was deleted and the current expression “gender identity disorder, sexual preference disorders” was inserted and has been maintained to the present.

      Contents

    • Depending on the degree, “gender identity disorder, sexual preference disorders, etc.” can be assigned physical grades III, IV, V, and VII. ([Attached Table 2] Degree of and evaluation standards for Diseases and Mental and Physical Disabilities)
    • (In practice, homosexuality is not classified as a sexual preference disorder but gender identity disorder is applied to transgender people. “Sexual preference disorders” are not included in general lists of mental diseases.)
  • Area: Military

    Title of Rule: Directive on the Management of Military Units (Ministry of National Defense Directive)

      History

    • 2With the case of human rights violations against a gay male soldier that occurred in Feb. 20068 as the impetus, the Guidelines on the Management of Homosexuals in the Military were enacted in April 2006.
    • Because of LGBTI people’s criticism, the Guidelines above were partly revised and promoted in 2008 as Ministry of National Defense Directive No. 898 “Directive on the Management of Homosexuals in Military Camps.”
    • Incorporated into the Directive on the Management of Military Units, enacted in 2009, without changes in the contents.

      Contents

    • Included in Theme 4 (Accident Prevention) Chapter 5 (Military Service of Homosexual Soldiers).
    • This Directive provides for equal treatment, non-discrimination, restrictions on outing, strengthened education, disallowance for all sexual acts by homosexual soldiers, etc.
  • Area: Other policies

    Title of Rule: Blood donation questionnaire form (Minister of Health and Welfare Public Notice)

      History

    • Stipulated as a form in the Enforcement Decree of the Blood Management Act.
    • The item “sexual contact with (a) member(s) of the same sex” was changed to “in the case of males, sexual contact with (an)other male(s)” in 2005 in accordance with a 2004 recommendation from the National Human Rights Commission of Korea.9
    • Separated from the Enforcement Decree of the Blood Management Act and adopted as a Minister of Health and Welfare Public Notice in 2009.

      Contents

    • Those with the experience of “sexual contact with (an) unspecified member(s) of the opposite sex or, in the case of males, sexual contact with (an)other male(s)” within the past one year are barred from donating blood, thus differently establishing sexual contact between members of the opposite sex and sexual contact between males in terms of “specificity.”
    • According to the determination criteria on the blood donation questionnaire of the Korea Centers for Disease Control and Prevention, “Sexual contact means an act including and exceeding deep kissing.”

Local ordinances on sexual orientation and gender identity

  • Area: Education

    Level: Regional local government

    Title of Ordinance: Gyeonggi Province Student Rights Ordinance

      History

    • Enacted in Oct. 2010.

      Contents

    • Article 5 (Right Not to Be Discriminated) (1) Students have a right, without reasonable grounds, not to be discriminated against based on sex, religion, age, social status, region of origin, national origin, ethnic origin, language, disabilities, physical conditions including appearance, pregnancy or birth, family type or family situation, race, skin color, thoughts or political opinions, sexual orientation, medical history, punishments, academic grades, etc.
      (2) Schools shall actively endeavor to guarantee the human rights of students who experience difficulties due to the grounds shown in Paragraph 1.
  • Area: Education

    Level: Regional local government

    Title of Ordinance: Gwangju Student Rights Ordinance

      History

    • Enacted in Oct. 2011.

      Contents

    • Article 20 (Right Not to Be Discriminated) (1) Students have a right not to be discriminated against based on sex, religion, ethnicity, language, age, sexual orientation, physical conditions, economic circumstances, academic grades, etc. and to enjoy equal treatment and learning.
      (2) Schools shall endeavor to guarantee the human rights of students who experience difficulties due to the grounds shown in Paragraph 1.
  • Area: Education

    Level: Regional local government

    Title of Ordinance: Seoul Ordinance on the Protection and Promotion of Human Rights of the Child and Youth

      History

    • Enacted in Oct. 2012.

      Contents

    • Article 5 (Right Not to Be Discriminated) (1) Students have a right not to be discriminated against based on sex, religion, age, social status, region of origin, national origin, ethnic origin, language, disabilities, physical conditions including appearance, pregnancy or birth, family type or family situation, race, economic status, skin color, thoughts or political opinions, sexual orientation, gender identity, medical history, punishments, academic grades, etc.
      (2) Founders and managers of schools, and principals, teachers, and administrative workers at schools shall actively endeavor to guarantee the human rights of students who experience difficulties due to the grounds shown in Paragraph 1.
    • Article 14 (Right to Have Personal Information Protected) (1) Students have a right to have personal information such as family, friends, academic grades, medical history, records of punishments, non-payment of educational fees, counseling records, and sexual orientation (hereinafter referred to as “personal information”) protected.
    • Article 28 (Guarantee of the Rights of Minority Students) (1) Superintendents of municipal offices of education, founders and managers of schools, and principals, teachers, and administrative workers at schools shall endeavor so that minority students such as poverty-stricken students, students with disabilities, students from single-parent families, students from multicultural families, foreign students, athletes, sexual minorities, and working students (hereinafter referred to as “minority students”) are appropriately guaranteed the rights demanded depending on their characteristics.
      (8) Superintendents of municipal offices of education, and principals, teachers, and administrative workers at schools shall not divulge information on or the contents of counseling regarding students’ sexual orientation and gender identity to others (Guardians are to be excluded. The same shall hereinafter apply.) without [the students’] consent and, even when urgent for safety reasons, shall respect students’ wishes to the greatest extent possible.
    • “Gender identity” stipulated as a prohibited ground of discrimination for the first time.
    • Going beyond stipulation as prohibited grounds of discrimination, this Ordinance explicitly states the right to protection of personal information, rights as minority students, etc.
  • Area: General

    Level: Regional local government

    Title of Ordinance: Seoul Human Rights Ordinance

      History

    • Enacted in Sept. 2012.

      Contents

    • Article 6 (Respect for Human Rights and Non-discrimination) (1) All citizens shall be respected of their human rights and shall not be subjected to discrimination prohibited by relevant laws including the Constitution and the National Human Rights Commission Act.
  • Area: Children and youth

    Level: Regional local government

    Title of Ordinance: Seoul Ordinance on the Protection and Promotion of Human Rights of the Child and Youth

      History

    • Enacted in Oct. 2012.

      Contents

    • Article 7 (Principle of Non-discrimination) (1) Children and youth have a right not to be discriminated against based on age, sex, religion, social status, region, nationality, ethnicity, language, disabilities, physical conditions including appearance, pregnancy or birth, family type or family situation, race, economic status, skin color, thoughts or political opinions, sexual orientation, gender identity, medical history, punishments, academic grades, employment type, etc.
      (2) The Mayor and heads and employees of facilities shall actively endeavor to guarantee the human rights of children and youth who experience difficulties due to the grounds shown in Paragraph 1.
  • Area: Education

    Level: Regional local government

    Title of Ordinance: North Jeolla Province Student Rights Ordinance

      History

    • Enacted in Jun. 2013.

      Contents

    • Article 8 (Right Not to Be Discriminated) (1) Students shall not be discriminated on grounds that fall under the definitions of discriminatory acts in Article 2 Subparagraph 3 of the National Human Rights Commission Act.10
      (2) Founders and managers of schools, and principals, teachers, and administrative workers at schools shall actively endeavor to guarantee the human rights of students who experience difficulties due to the grounds shown in Paragraph 1.
    • Article 38 (Guarantee of the Rights of Minority Students) (1) Superintendents of municipal offices of education and principals at schools shall endeavor to the greatest extent possible so that minority students such as students in poverty, students with disabilities, students from single-parent family, grandparent-grandchildren family, or multicultural family, athletes, sexual minorities, and maladaptive students are appropriately guaranteed the rights demanded depending on their characteristics.
      (2) Superintendents of municipal offices of education and principals at schools shall establish human rights education programs necessary for mitigating prejudice and discrimination against minority students and special career/employment programs for minority students.
  • Area: General

    Level: Basic local government

    Title of Ordinance: Gwangmyeong City Ordinance on the Human Rights of Citizens

      History

    • In effect since Sept. 2011.

      Contents

    • Article 5 (Rights and Responsibilities of Citizens) (2) All citizens have a right, without reasonable grounds, not to be discriminated against based on sex, religion, degree of disabilities, age, social status, region of origin, national origin, ethnic origin, physical conditions including appearance, marital status including married, single, separated, divorced, remarried, widowed, and de facto married, pregnancy and birth, family type, race, skin color, thoughts, political opinions, criminal record of which effective term of the punishment has expired, sexual orientation, academic background, medical history, etc.
  • Area: Gender equality

    Level: Basic local government

    Title of Ordinance: Gwacheon Basic Ordinance on Gender Equality

      History

    • Enacted in Aug. 2013.

      Contents

    • Article 16 (Guarantee of Sexual Minorities’ Human Rights) The Mayor shall take measures necessary to guarantee the equal human rights of sexual minorities.
    • Article 26 (Functions) (1) The [Gender Equality] Committee is to respond to the Mayor’s request for advice regarding the following matters:
      7. Matters on the human rights of sexual minorities

    Footnotes

  1. A derogatory reference to anal sex between men.
  2. Soldiers or members of the paramilitary personnel (civilian military employees, officer candidates, et al.).
  3. See the Constitutional Court of Korea decision 2001Hun-Ba70, 6/27/2002; Constitutional Court of Korea decision 2008Hun-Ka21, 3/31/2011.
  4. Supreme Court en banc decision 2004Seu42, 6/22/2006.
  5. See the National Human Rights Commission of Korea combined decision 06Jin-Cha525/06Jin-Cha573, 8/25/2008. In this decision, the National Human Rights Commission of Korea stated that there were nine elements of human rights violations among the requirements for legal gender recognition including genital surgery, age of 20 or above, lack of past or current legal marital status, and completion of or exemption from mandatory military service and recommended their revision.
  6. Supreme Court en banc decision 2009Seu117, 9/2/2011.
  7. See the National Human Rights Commission of Korea decision 07Jin-In533, 7/20/2007. This decision concerned a case where although an FTM transgender person whose legal gender had been changed to male by a court ruling submitted the court’s written judgment and a written diagnosis for prospective soldiers from a professionally trained physician during military conscription physical examinations, the physician in charge of conscription demanded personally to verify and did visually inspect the transgender person’s lower body. The decision acknowledged the violation of personal rights and recommended both the Minister of National Defense and the Commissioner of the Military Manpower Administration to revise the Regulations on Examination Such as Draft Physical Examination so as to minimize transgender people’s sense of humiliation in physical examination processes.
  8. At the time, the unit demanded that the victim prove his homosexuality by submitting photographs of him having sexual relations with a member of the same sex and forcibly took a sample of his blood for HIV/AIDS tests even though there were no suspicions of his infection. Regarding this case, human rights activist groups created an organ for investigating human rights violations against homosexuals in the military and responded, and the National Human Rights Commission of Korea acknowledged the case to constitute human rights violations (National Human Rights Commission of Korea Plenary Committee decision 06Jin-Cha87, 6/26/2006). As for the detailed development and contents of this case, see Cheong Yol, “A watershed in the rights of LGBTI people in the military”, “Rainbow Wind of Human Rights to Promote LGBTI Rights in Relation to the Military! Blowing Gently in the Military” Project Sourcebook, Solidarity for LGBT Human Rights of Korea and Korean Gay Men’s Human Rights Group “Chingusai,” 8-12/2008.
  9. National Human Rights Commission of Korea decision 03Jin-Cha664, 8/3/2004. The Solidarity for LGBT Human Rights of Korea filed a petition to the National Human Rights Commission of Korea arguing that “I had sexual contact with (a) member(s) of the same sex or (an) unspecified member(s) of the opposite sex in the past one year,” which is one of the conditions prohibiting a respondent from donating blood on the blood donation questionnaire form that must be completed in advance, constituted discrimination based on sexual orientation. The Commission judged the case to be one of discrimination, stating, “It can aggravate the prejudice that has viewed homosexuality as a cause of AIDS,” and advised the Minister of Health and Welfare to revise the condition. Following this recommendation, however, the Minister of Health and Welfare only excluded sexual relations between women and has continued to maintain sexual relations between men as a ground for the prohibition of blood donation.
  10. “[G]ender, religion, disability, age, social status, region of birth (including place of birth, firstregistered domicile, one’s legal domicile, and major residential district where a minor lives until he/she becomes an adult), national origin, ethnic origin, appearance, marital status (i. e., married, single, separated, divorced, widowed, and de facto married), race, skin color, thoughts or political opinions, family type or family status, pregnancy or birth, criminal record of which effective term of the punishment has expired, sexual orientation, academic background or medical history, etc.”