LGBT rights in South Korea


Lesbian, gay, bisexual, and transgender people in South Korea face unique legal challenges and discrimination not experienced by non-LGBT individuals. While male and female same-sex sexual activity is legal in South Korea, marriage or other forms of legal partnership are not available to same-sex partners.
Homosexuality in South Korea is not specifically mentioned in either the South Korean Constitution or in the Civil Penal Code. Article 31 of the National Human Rights Commission Act 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. In 2010, a military court ruled that this law is illegal and stated that homosexuality is strictly a personal issue. However, this ruling was appealed to South Korea's Constitutional Court, which in 2011 upheld the law's constitutionality.
Transgender people are allowed to undergo sex reassignment surgery in South Korea after the age of 20, and can change their gender information on official documents. Harisu is South Korea's first transgender entertainer, and in 2002 became the second person in South Korea to legally change gender.
General awareness of homosexuality remained low among the Korean public until recently, with increased awareness and debate addressing the issue, as well as gay-themed entertainment in mass media and prominent celebrities, such as Hong Seok-cheon, coming out in public. Nonetheless, gay and lesbian Koreans still face difficulties at home and work, and many prefer not to reveal their sexual orientation to family, friends or co-workers. However, awareness of issues facing LGBT South Koreans has gradually risen, and polls have shown that a majority of South Koreans support laws that would protect LGBT people from discrimination, including in employment, housing and public accommodations.
In August 2017, the Supreme Court ordered the Government to allow "Beyond the Rainbow", an LGBT rights foundation, to register as a charity with the Ministry of Justice. Without official registration, the foundation was unable to receive tax-deductible donations and operate in full compliance with the law. Additionally, the South Korean Government voted in favor of a 2014 United Nations resolution aimed at overcoming discrimination against LGBT people.

History

Covering all sources, homosexuality has never been illegal in South Korea.
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.
During the Silla Dynasty, several noble men and women are known to have engaged in homosexual activity and express their love for a person of the same sex. Among these is King Hyegong. In addition, the hwarang, also known as the Flowering Knights or the Flowering Boys, were an elite group of male Silla warriors, famous for their homoeroticism and femininity. The Samguk yusa, a collection of Korean legends, folktales and historical accounts, contains verses that reveal the homosexual nature of the hwarang.
During the Goryeo Dynasty, King Mokjong and King Gongmin are both on record as having kept several wonchung in their courts as "little-brother attendants" 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. Others including King Chungseon had long-term relationships with men. Those who were in same-sex relationships were referred to as yongyang jichong, whose translation has been subject to argument, but is generally viewed as meaning the "dragon and the sun".
In the Joseon Era, several noblemen and noblewomen are known to have had same-sex sexual relations, including Royal Noble Consort Sun-bin Bong who was the second consort of Munjong of Joseon and King Sejong's daughter-in-law who was banished after it was discovered that she was sleeping with one of her maids. During this period, there were travelling theater groups known as namsadang which included underaged males called midong. 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. The namsandang were further separated in two groups; the "butch" members and the "queens".
The spread of Neo-Confucianism in South Korea shaped the moral system, the way of life and social relations of Korean society. Neo-Confucianism emphasizes strict obedience to the social order and the family unit, which referred to a husband and wife. Homosexuality and same-sex relationships were viewed as disturbing this system and thus were perceived as "deviant" or "immoral". Since the 1910s, Neo-Confucianism has lost a lot of influence, though still today Confucian ideas and practices significantly define South Korean culture and society.
Homosexuality was officially declassified as "harmful and obscene" in 2003.

Recognition of same-sex relationships

Same-sex marriages and civil unions are not legally recognized in South Korea. In October 2019, the Government of South Korea announced it would recognize the same-sex spouses of foreign diplomats who come to South Korea, but it still will not recognize the same-sex spouses of South Korean diplomats who serve overseas.
In October 2014, some members of the Democratic Party introduced to the National Assembly a bill to legalize same-sex partnerships. However, the bill was never brought to a vote.
In July 2015, actor Kim Jho Gwangsoo and his partner, Kim Seung-Hwan, filed a lawsuit seeking legal status for their marriage. The lawsuit was rejected by the Seoul Western District Court in May 2016 and by an appeals court in December 2016. The couple subsequently announced that they would bring their case to the Supreme Court.
In January 2018, LGBT activists expressed hopes that a draft constitution, which had to be ready by June 2018, would include the legalisation of same-sex marriage. Amendments to the South Korean Constitution require a two-thirds majority in Parliament. Talks on the new Constitution have failed, however.

Discrimination protections

The National Human Rights Commission Act, enacted in 2001, established the National Human Rights Commission of Korea. Under South Korean law, the NHRCK is an independent commission for protecting, advocating and promoting human rights. The National Human Rights Commission Act explicitly includes sexual orientation as an anti-discrimination ground. When discriminatory acts are found to have occurred, the National Human Rights Commission of Korea may conduct investigations on such acts and recommend non-binding relief measures, disciplinary actions or report them to the authorities.
South Korea's anti-discrimination law, however, does not prohibit discrimination on the grounds of sexual orientation and gender identity. Over the years, a repeated cycle of anti-discrimination legislation has being proposed and abandoned. An anti-discrimination bill was submitted in 2007 by the Ministry of Justice, but a movement of opposition arose and led to the bill being abandoned. In 2013, a bill to include sexual orientation, religion and political ideology to the country's anti-discrimination law was introduced. It received fierce opposition from conservative groups. During the 17th National Assembly, an anti-discrimination bill was sponsored by the late Roh Hoe-chan. Another bill was sponsored by former lawmaker Kwon Young-gil during the 18th National Assembly. Both bills were dropped before any debate had taken place. During the 19th National Assembly, former lawmakers Kim Han-gil and Choi Won-sik sponsored bills only to withdraw them after encountering objections. In 2019, the National Assembly failed to hold debate on comprehensive anti-discrimination legislation. Objections to the anti-discrimination bills come chiefly from conservative Protestants. During the 20th National Assembly, lawmaker Kim Tae-heum presented an amendment to the National Human Rights Commission Act that would remove the category of sexual orientation. In 2019, Liberty Korea politician Ahn Sang-soo introduced another bill to repeal the protection for sexual orientation in the National Human Rights Commission Act and to restrict legal recognition of gender to a biological basis. The bill was supported by 40 of the Assembly's 300 MPs, drawing criticism and protests from LGBT advocates and Amnesty International.
As of 2019, the Justice Party planned to prepare a comprehensive anti-discrimination bill. A 2014 poll found that 85% of South Koreans believed gay people should be protected from discrimination. According to a more recent poll, conducted in 2017 by Gallup Korea, 90% of South Koreans said they supported equal employment opportunities for LGBT people.
Currently, 15 local governments in South Korea have enacted anti-discrimination laws that include sexual orientation. This includes five first-level subdivisions: South Gyeongsang Province, Seoul, Jeju Province, North Chungcheong Province and South Chungcheong Province.
South Gyeongsang Province enacted an anti-discrimination law in March 2010. The law states that "citizens shall not be discriminated, without reasonable grounds, on the grounds of sex, religion, disability, age, social status, region of origin, state of origin, ethnic origin, physical condition such as appearance, medical history, marital status, political opinion, and sexual orientation".
Seoul has banned discrimination on the grounds mentioned in the National Human Rights Commission Act since September 2012. The passage of the law received opposition from conservative groups, who have called for its repeal, organising public campaigns, in which they called gays "beasts", and public marches in favour of the law's repeal. Several opponents argue that the law constitutes "heresy" and "encourage homosexuality" because it includes religion and sexual orientation as grounds of non-discrimination.
Similarly, both Jeju Province and North Chungcheong Province passed laws in October 2015 banning discrimination on the grounds mentioned in the National Human Rights Commission Act. South Chungcheong Province followed suit in October 2018.
Several second-level jurisdictions have also enacted anti-discrimination laws that cover sexual orientation. These are:
banned bullying against students on the basis of their sexual orientation in October 2010. Gwangju followed suit in October 2011, and Seoul in January 2012. Seoul's ordinance on the protection of children and youth also includes gender identity, thereby protecting transgender students from discrimination. North Jeolla Province enacted an ordinance banning bullying against "sexual minorities" in January 2013.
There is growing debate and discussing in South Gyeongsang Province, Incheon, and Busan for the passage of a similar law.

Other anti-discrimination laws

In addition, other various laws have protections for "sexual minorities". Police officers and Coast Guard personnel are forbidden from outing an LGBT person against their own will.
In November 2017, the city of Geoje passed a media law prohibiting broadcasting agencies from spreading information encouraging discrimination against "sexual minorities". Hongcheon County and Gangneung followed suit in November and December 2018, respectively.

Constitutional rights

The Constitution of South Korea prohibits discrimination on the basis of sex, religion and social status. According to the Ministry of Justice, the term "social status" includes LGBT people. However, there are no remedies for LGBT victims of discrimination nor are these "protections" enforced.

Military service

Military service is mandatory for all male citizens in South Korea. Enlistees are drafted through the Military Manpower Administration 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. 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". A military court ruled in 2010 that this law is illegal, saying that homosexuality is a strictly personal issue. However, this ruling was appealed to South Korea's Constitutional Court, which in 2011 upheld the law's constitutionality. In 2017, Amnesty International accused the military of engaging in a "gay witch hunt" to expose and punish gay personnel, by criminally charging 32 military personnel for "sodomy or other disgraceful conduct", including sentencing a gay soldier to six months imprisonment for having consensual sex with another gay soldier in a private place.
In January 2020, staff sergeant Byun Hui-su was dismissed from the military for her transgender status and undergoing sex reassignment surgery.

Gender identity and expression

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. In the case of male-to-female gender reassignment operations, the person must prove issues related to draft resolved by either serving or being exempted. On 22 June 2006, however, the Supreme Court ruled that transgender individuals who had undergone successful sex reassignment surgery have the right to declare their new sex 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. In March 2013, the Seoul Western District Court ruled that five female-to-male transgender individuals can be registered as male without undergoing sex reassignment surgery. On 16 February 2017, the Cheongju District Court ruled that a male-to-female transgender individual could be registered as a female without undergoing surgery.
Some reports indicate that the country's transgender population is estimated to be around 1,000-1,200 people.

Conversion therapy

According to a 2016 survey, 16.1% of LGBT people who had come out were recommended to undergo conversion therapy. Of these, 65.4% said it had a harmful impact on their lives, with 94% experiencing psychological trauma.

Blood donation

South Korea forbids people who have had sex within the past one year to donate blood. These rules apply equally to all people, regardless of their sexual orientation or gender identity.

Living conditions

The Korean word for "homosexual" is dongseongaeja. A less politically correct term is dongseongyeonaeja. South Korean homosexuals, however, make frequent use of the term ibanin which can be translated as "different type person", and is usually shortened to iban. The word is a direct play on the word ilban-in 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 hangul: lesbian is lejeubieon or yeoseongae, gay is gei or namseongae, queer is kuieo, transgender is teuraenseujendeo, and bisexual is yangseongaeja.
Homosexuality remains quite taboo in South Korean society. This lack of visibility is also reflected in the low profile maintained by the few gay clubs in South Korea. There are a few in metropolitan areas, mostly in the foreign sector of Itaewon. However, Jong-no has been known to cater to non-Western clientele and has various gay-friendly shops, cafés, and gay-focused NGOs. A recent 2017 study insinuated the growth of a "gay life style" community in Jong-no, a popular area in Seoul, where LGBT individuals feel safe in semi-heteronomative places. Though the study only looked at a well-known café, the famous Gay Bean, there are many other places in the Jong-no area that are considered straight but are growing increasingly welcoming of non-straight individuals.
In recent years, the combination of taboo, consumer capitalism, and gay-led gentrification of the Itaewon area has pushed new gay commercialization outside of Itaewon, while isolating those places remaining.
Opposition to LGBT rights comes mostly from Christian sectors of the country. In recent years, in part due to growing support for homosexuality and same-sex relationships from South Korean society at large, conservative groups have organised public events and marches against LGBT rights, as well counter-protests to pride parades, usually with signs urging LGBT people to "repent from their sins". These marches have been attended by thousands and by various politicians.
On 17 May 2018, marking the International Day Against Homophobia, Transphobia and Biphobia, eight students wore rainbow clothing to a chapel at the Presbyterian University and Theological Seminary. In July 2018, the university handed four students punishments including suspension from classes. In July 2019, they won a court case when the Seoul Eastern District Court ruled that the university must nullify the punishments and pay the students' legal fees.

Media

South Korea's first gay-themed magazine, Buddy, launched in 1998, and several popular gay-themed commercials have also aired.
In 1998, the film review authorities lifted a ban on portraying homosexual conduct in films.
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 the 2008 film A Frozen Flower and No Regret by celebrated director Leesong hee-il, which starred at the 2006 Busan International Film Festival.
Mainstream Korean television shows have begun to feature gay characters and themes. In 2010, the soap opera Life Is Beautiful 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. That same year, Personal Taste was broadcast on MBC and revolved around a straight man who pretends to be gay to become a woman's roommate. 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.
Openly LGBT entertainment figures include model and actress Harisu, a trans woman who makes frequent appearances on television. Actor Hong Seok-cheon, after coming out in 2000 and being fired from his job, has since returned to his acting career. He has appeared in several debate programs in support of gay rights.
Popular actor Kim Ji-hoo, who was openly gay, committed suicide by hanging on 8 October 2008. Police attributed his suicide to public prejudice against homosexuality.
"The Daughters of Bilitis" a KBS Drama Special about the lives of lesbian women, aired on 7 August 2011. Immediately after it aired, internet message boards lit up with outraged protesters who threatened to boycott the network. The production crew eventually shut down the online re-run service four days after the broadcast.
"XY She," a KBS Joy cable talk show about male-to-female transgender individuals, was virtually cancelled after its first episode due to public opposition. The network cited concern over attacks on MCs and other cast-members as the official reason for cancellation.
In 2013, movie director Kim Jho Kwang-soo and his partner Kim Seung-hwan became the first South Korean gay couple to publicly wed, although it was not a legally recognized marriage.
In 2016, a Christian broadcasting company was sanctioned by the Korea Communications Standards Commission for broadcasting an anti-LGBTI interview on a radio program, in which the interviewee claimed that, if an "anti-discrimination law for LGBTI people" is passed, "paedophilia, bestiality, etc. will be legalized" and that South Korea "will become stricken with unspeakable diseases such as AIDS".
In March 2016, the K-pop girl group Mercury debuted with member Choi Han-bit, a transgender model, actress and now singer. In January 2018, singer Holland became the first openly gay K-pop idol in South Korea to debut, releasing his song "Neverland".
In 2017, the film Method was released. The film talks about a gay relationship between an actor and an idol. In 2020, the television series Itaewon Class began airing. The show prominently features a transgender supporting character played by actress Lee Joo-young, as well as cameo appearances by Hong Seok-cheon.
In May 2020, multiple media outlets linked a cluster of COVID-19 cases to a gay bar in Seoul.

Pride parades

The Seoul Queer Culture Festival, also known as the "Korea Queer Culture Festival" or simply "Seoul Pride", is the largest LGBT event in the country. It was first held in 2000 when only 50 attended and turnout has increased every year since then. In 2015, following protests by conservative Christian groups, the Seoul Metropolitan Police Agency banned the event citing public safety concerns and traffic disruption as the reasons. The decision was overturned by the Seoul Administrative Court, allowing the parade to take place, which saw around 20,000 people participating. In 2016, there were 50,000 attendees. In July 2017, an estimated 85,000 people marched in the streets of Seoul in support of LGBT rights. Ahead of the 2018 event, around 220,000 people signed an online petition demanding that officials act to prevent the festival from taking place. However, the 2018 Seoul Pride parade took place and was attended by an estimated 120,000 people. In July 2019, conservative Christian groups again tried to block the festival, arguing that it "would be harmful to children and it would infringe on their rights". A court rejected their application as nonsensical. Days later, the 20th edition of the festival was held with approximately 150,000 participants.
Daegu has been holding annual pride marches since 2009, and Busan held its first pride event on 23 September 2017. In 2018, during the second gay pride in Busan, some 2,000 police officials were deployed to keep the event violence-free, and to protect the event's 15,000 attendees from violent anti-gay protesters. Gwangju and Jeju also held their first LGBT events in 2017. Gwangju's was a counter-protest to an anti-LGBT rally. The city organised its first official pride event the following year. Other cities, including Incheon and Jeonju, held their first pride events in 2018. Incheon officials initially denied permission to hold the LGBT event, citing a lack of parking. Organizers lodged an appeal and vowed to march irrespectively. The event took place and ended in violence after about 1,000 Christian protestors began violently attacking the participants. In April 2019, organizers of the gay pride event in Incheon filed charges against several Christian pastors who violently disrupted the event. They also lodged complaints with South Korea's national human rights body accusing police of inaction.
In May 2018, the first drag parade in South Korea took place with dozens attending the incident-free protest march in the capital Seoul.

Public opinion

South Koreans have become significantly more accepting of homosexuality and LGBT rights in 2010 and the onward decade, even if conservative attitudes remain dominant. A 2013 Gallup poll found that 39% of people believed that homosexuality should be accepted by society, compared to only 18% who held this view in 2007. South Korea recorded the most significant shift towards greater acceptance of homosexuality among the 39 countries surveyed worldwide. Significantly, there was a very large age gap on this issue: in 2013, 71% of South Koreans aged between 18 and 29 believed that homosexuality should be accepted, compared to only 16% of South Koreans aged 50 and over.
In April 2013, a Gallup poll, which was commissioned by a conservative Christian group, found that 25% of South Koreans supported same-sex marriage, while 67% opposed it and 8% did not know or refused to answer. However, a May 2013 Ipsos poll found that 26% of respondents were in favor of same-sex marriage and another 31% supported other forms of recognition for same-sex couples.
A 2017 Gallup Korea poll found that 58% of Koreans were against same-sex marriage, while 34% supported it and 8% remained undecided. Another poll in December 2017 conducted by Gallup for MBC and the Speaker of the National Assembly reported that 41% of South Koreans thought that same-sex marriage should be allowed, 53% were against it.
Public support for same-sex marriage is growing rapidly. In 2010, 31% and 21% of South Koreans in their 20s and 30s, respectively, supported the legalization of same-sex marriages. In 2014, these numbers had almost doubled to 60% and 40%. Support among people over 60, however, remained relatively unchanged. These numbers were published by the Asan Institute for Policy Studies.
In February 2019, the "2018 Korea Social Integration Survery", which was conducted by the Korea Institute of Public Administration, revealed that those who said they "cannot accept homosexuals" fell below 50% for the first time in the survey's history. This percentage decreased from 62% in 2013, to 57% in 2017, to 49% in 2018. In 2018, the rest of those interviewed answered that they could accept them as either neighbors, colleagues, close friends or spouses.

Politics

In the 2008 legislative election, Choi Hyun-sook became the first openly LGBT parliamentary candidate in the country. As an openly lesbian candidate, she ran for the New Progressive Party. Her party did not win any seats during the election. To date, she remains the only openly LGBT candidate to have run for office in South Korea.
The United Future Party is opposed to LGBT rights, the Seoul Queer Culture Festival, anti-discrimination protections for LGBT people and same-sex marriage. Some of its members have made many public homophobic statements.
Political support for LGBT rights is limited in South Korea due to the significant lobbying power exerted by conservative Christian groups. Support for LGBT rights is limited even from the otherwise progressive Democratic Party of Korea and its leader, former human rights lawyer and South Korean President Moon Jae-in. During the 2017 presidential election, in which he emerged victorious, Moon stated that he opposed homosexuality, and that gay soldiers could undermine the Korean military. Moon faced criticism from gay rights advocates for his inconsistent position on minority rights, given that he was prepared to backtrack on previous support for civil unions and sacrifice LGBT rights in order to win votes from conservative Christian voters. Moon later said that he opposed same-sex marriage while also opposing discrimination against homosexual people. Only one of the 14 presidential candidates in 2017, the Justice Party's Sim Sang-jung, expressed clear support for LGBT rights and introducing discrimination protections for LGBT people.
During the 2019 Seoul Queer Culture Festival, the Justice Party and the Green Party participated in the event. Some members of the ruling Democratic Party of Korea also participated, including Keum Tae-sup. This is considered the first participation of the DPK at the event.
In October 2019, speaking to Buddhist and Christian religious leaders, President Moon Jae-in said, "A national consensus should be the priority for same-sex marriage. However, regarding the human rights of sexual minorities, they should not be socially persecuted or discriminated against."

Censorship issues

The Government of South Korea practiced censorship of gay content websites from 2001 to 2003, through its Information and Communications Ethics Committee, an official organ of the Ministry of Information and Communication. That practice has since been ended.

Summary table

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