| LGBT rights in South Korea | |
|---|---|
South Korea |
|
| Same-sex sexual activity legal? | Legal (except for military) |
| Gender identity/expression | Transsexual persons allowed to change legal gender |
| Recognition of relationships |
No recognition of same-sex couples |
| Military service | Homosexuality not condoned by military. All males citizens are conscripted into service and subject to military's policies regarding homosexuality (see below) |
Lesbian, gay, bisexual, and transgender (LGBT) people in South Korea can face legal challenges not experienced by non-LGBT residents. Male and female same-sex sexual activity is legal in South Korea, but same-sex couples and households headed by same-sex couples are not entitled to the same legal protections available to heterosexuals. As in many countries, however, the climate for gays and lesbians is evolving and becoming more tolerant.
Homosexuality in South Korea (Republic of 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" (Hangul: 상호강간; 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.[1]
Transgender people are allowed to have sex reassignment surgery in Korea after age 20, and can change their gender information on official documents.[2] Harisu is South Korea's first transgender entertainer, and in 2002 became only the second person in Korea to legally change gender.
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 Korean gays and lesbians still face difficulties, and many prefer not to reveal their gay identity to their family, friends or co-workers.
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Although there is very little mention of homosexuality in Korean literature or traditional historical accounts, several members of nobility and Buddhist monks have been known to either profess their attraction to members of the same sex or else be actively involved with them.[3] The earliest such recorded example might be that of King Hyegong, the 36th ruler of the Silla Dynasty who was killed at the age of 22 by his noblemen who revolted in protest of his "femininity".[4][5]
King Mokjong (980-1009) and King Gongmin (1325–1374) of Goryeo are both on record as having kept several wonchung ("male lovers") in their courts as “little-brother attendants” (chajewhi) who served as sexual partners. After the death of his wife, King Gongmin even went so far as to create a ministry whose sole purpose was to seek out and recruit young men from all over the country to serve in his court.[4]
Evidence of homosexual activities among the common people are harder to find as there are fewer records pertaining to them.
During the Joseon Era before the Japanese annexation there were travelling theater groups known as namsandang which included underaged males called midong (beautiful boys). The troupes provided "various types of entertainment, including band music, song, masked dance, circus, and puppet plays," sometimes with graphic representations of same-sex intercourse.[4]
The modern South Korean LGBT rights movement arose in the 1990s, with several small organizations seeking to combat sexual orientation and gender identity discrimination. Some of these organizations also work to prevent the spread of AIDS-HIV. Among the active organizations are;
One of the first legal victories of these organizations came in 2003, when the Korean National Human Rights Protection Committee formally advised the Korea's Youth Protection Committee to remove homophobic language from the Youth Protection Act of 1997, that had been used to justify the government harassment and censorship of LGBT South Korean film festivals and webpages.[6]
In the Anti-discrimination Act introduced in 2007 by The National Human Rights Commission of the Republic of Korea, the section prohibiting discrimination based on sexual orientation has been withdrawn, following outrages from conservative Christian organisations.
South Korean political parties tend to avoid formally addressing LGBT rights issues, as do most of the elected politicians. A major exception would be the Democratic Labour Party.
The Democratic Labour Party (Korean: 민주노동당), established in January 2000, is the third-largest political party in South Korea and has a political panel known as the Sexual Minorities Committee (Korean: 민주노동당 성소수자위원회) which advocates the recognition and political representation of sexual minorities. Their stated agenda includes a campaign against homophobia and discrimination based on sexual preferences, equal rights for sexual minorities (in their own words "complete freedom, equality, and right of pursuit of happiness for homosexuals")[7] as well as the legalization of same-sex marriages.[7] On its campaign bid for the 2004 parliamentary elections, the Democratic Labour Party promised the abolition of all inequalities against sexual minorities and won a record 10 seats in the Kukhoe National Assembly.
On July 30, 2004, the Committee filed a formal complaint against the Incheon District Court's decision to refuse the recognition of same-sex marriages. The complaint was filed on the grounds that the decision is unconstitutional since neither the Constitution nor civil law define marriage as being between a man and a woman (the only mentioned requisite is age of majority) and that the Constitution explicitly forbids discrimination "pertaining to all political, economic, social, or cultural aspects of life of an individual." The Committee also claimed that refusal to recognize same-sex marriages constitutes discrimination based on sexual orientation and a refusal to provide equal protection under the law.[8]
On December 19, 2007, Lee Myung-bak of the conservative Grand National Party won the presidential election. In a 2007 newspaper interview, the president-elect stated that homosexuality is "abnormal", and that he opposed legal recognition of same-sex marriages.[9]
During South Korea's April 9, 2008 elections, Choi Hyun-sook (최현숙) became South Korea's first openly-gay candidate for national public office when she ran for a seat in the National Assembly of South Korea. Her bid was unsuccessful.
16 years old female South Korean student, Kang Min-ji (강민진), was noticeable for publicizing a series of protests in front of the Seoul Metropolitan Office of Education for neglecting the sexual rights of South Korean teenagers.[10]
South Korea's first gay-themed magazine, Buddy, launched in 1998[11] and several popular gay-themed commercials have also aired.[12]
Paving the way for television was the 2005 South Korean film The King and the Clown, a gay-themed movie based on a court affair between a king and his male jester. The movie became the highest grossing in Korean film history, surpassing both Silmido and Taegukgi. The Korean title for The King and the Clown is "왕의 남자" which translates as "The King's Man" with the implication that it refers to the man as being the King's lover. Other recent movies include 2008 film "A Frozen Flower" and No Regret (Korean: 후회하지 않아) by celebrated director Leesong hee-il (Korean: 이송희일), which starred in the 2006 Busan International Film Festival.[13]
Mainstream Korean television shows have begun to feature gay characters and themes. In 2010, the soap opera "Life is Beautiful" (Korean: 인생은 아름다워) premiered on SBS broadcast TV, becoming the first prime-time drama to explore a gay male couple's relationship as their unwitting families set them up on dates with women.[14] That same year, "Personal Taste" (Korean: 개인의 취향, also "Personal Preference") was broadcast on MBC and revolved around a straight man who pretends to be gay to become a woman's roommate.[15] Before these was "Coming Out," which debuted on cable channel tvN in late night in 2008, in which a gay actor and straight actress counseled gays with publicly acknowledging their sexual orientation.[16]
Openly gay entertainment figures include model and actress Harisu, a trans woman who makes frequent appearances in television.[17] Actor Hong Seok-cheon[18], after coming out in 2000 and being fired from his job[19] has since returned to his acting career. He has appeared in several debate programs in support of gay rights.[20]
Popular actor Kim Ji-hoo, who was openly gay, hanged himself on October 8, 2008. Police attributed his suicide to public prejudice against homosexuality.[21]
Military service is mandatory for all male citizens in South Korea. Enlistees are drafted through the Military Manpower Administration (MMA; Korean: 병무청) which administers a "psychology test" at the time of enlistment that includes several questions regarding the enlistee's sexual preferences. Homosexual military members in active duty are categorized as having a "personality disorder" or "behavioural disability" and can either be institutionalized or dishonorably discharged, although this was recently ruled illegal by a military court. The issue has been appealed to Korea's constitutional court.[1]
Dishonorable discharges for gay soldiers are a problem since South Korea does not allow for conscientious objection and a dishonorable discharge bears with it significant social pressure, as many South Korean companies will request a complete military service profile at the time of a job application. On military records, the applicants can appear as having been dishonorably discharged either due to their homosexuality or for being "mentally handicapped".[22]
The Supreme Court of South Korea has ruled that in order for a person to be eligible for a sex-change operation they must be over 20 years of age, single and without children.[23] In the case of MTF (Male-to-Female) gender reassignment operations, the person must prove issues related to draft resolved by either serving or being exempted. On June 22, 2006 however, the Supreme Court ruled that transgender individuals who had undergone successful gender reassignment surgery have the right to declare themselves in their new gender in all legal documents. This includes the right to request a correction of their gender-on-file in all public and government records such as the census registry.[24]
The Korean word for "homosexual" is Dongseongaeja (Hangul: 동성애자; Hanja: 同性愛者, lit. "same-sex lover"). A less politically correct term is Dongseongyeonaeja ("동성연애자" 同性戀愛者). South Korean homosexuals however, make frequent use of the term ibanin ("이반인"; "異般人" also "二般人") which can be translated as "different type person"/"second-class citizen", and is usually shortened to iban ("이반"; "異般").[25] The word is a direct play on the word ilban-in (일반인; 一般人) meaning "normal person" or "ordinary person". In addition, English loanwords are used in South Korea to describe LGBTQ people. These words are simple transliterations of English words into hangeul: lesbian is lejeubieon (레즈비언), gay is gei (게이), queer is kuia (퀴어), and transgender is teuraenseujendeo (트랜스젠더).
Homosexuality remains largely taboo in South Korean society and same-sex couples are seldom if ever seen in public. This lack of visibility is also reflected in the relatively low profile maintained by many gay clubs in South Korea, most of which are owned by London-based gay nightclub developer and entrepreneur Tim Kim. They are concentrated in metropolitan areas such as Seoul's historic Jongno, the "college district" Shinchon, or the foreign sector Itaewon (especially in the section known as "Homo-hill" or "Tim's Closet").[26] Busan and the other large cities also maintain their own gay nightlife.
The Government of South Korea practiced censorship of gay-content websites from 2001 to 2003, through its Information and Communications Ethics Committee (정보통신윤리위원회), an official organ of the Ministry of Information and Communication. That practice has since been reversed.[27]
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