Transgender personnel in the South Korean military

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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.

Transgender women are excluded from the military of South Korea.[1][2]

History[]

There have been multiple historical obstacles imposed on transgender people within the South Korean military service. South Korea does not criminalize LGBT citizens, and it does not have discriminatory laws in place other than those disallowing same sex couples to marry or adopt children. There are also no laws in place to protect LGBT people from work discrimination or hate crimes.[3]

When transgender individuals seek to legally change their gender, they must provide proof they are unmarried, do not have minor children, and have parental consent, no matter their age.[4] Another step in legal gender change is the process of medical and psychological examination. Courts rely almost exclusively on this examination to proceed with the change. Medical examinations and treatment are not covered by health insurance, and few facilities offer specific treatment for transgender people.[5][4]

Transgender self-identification visibly emerged in the 2000s after Korean singer Harisu publicly came out as a transgender woman.[6]

Although there was a dramatic emergence in the 2000s, transgender identity can be traced back to the 1950s. In earlier history, transgender was referred to as "yŏjangnamja", which translates to "men in women's clothes", and "chungsŏng", which translates to "gender neutral".

Systematic discrimination against LGBTQ people has occurred in various ways. As an example, under hojuje, family members were defined by their relationship to the head of the household, which was always a male figure. The Family Relations Register replaced hojuje as the legal system of identity in 2008.[7] They dictate gender roles, specifically women's roles as mothers and sisters.

The Resident Registration System establishes three parts of a citizen's legal identification. It establishes their birthday, place of origin, and gender. Gender is a binary code of either 1, indicating male, or 2, indicating female. This numeric code serves as a form of legal identification and is unchangeable.[8] However, if a transgender person obtains a change of their legal gender, they can petition to have their Family Register number changed.[9] Transgender people who are unable to change their legal gender and ID number face problems, such as finding work and accessing services.

Legally recognized gender identity in South Korea is binary, as determined by the male/female designation of the Resident Registration System.[4] There are no other legal gender classifications found in other countries, such as India.

In 2010, the country's first transgender soldier was discharged from the army as she had undergone gender reassignment surgery. In March, the 23-year-old Byun Hee-soo was found dead in her home.[10]

In 2013, a court ruled that transgender individuals did not need to have gender reassignment surgeries to legally change their gender.[11] During this time, requests by transgender individuals to change their Family Register number to reflect their gender were filed. Few were actually granted.

Policies[]

According to Timothy Gitzen, the need for compulsory military service comes from "a Cold War binary". In this case, the perceived threat of North Korea created the perceived need for mandatory military service.[5]

Discriminatory policies[]

LGBT discriminatory laws do not exist in the South Korean government, except within the military. The South Korean military does actively discriminate against non-binary people[12] and does criminalize same-sex relations, while policies surrounding transgender rights are generally vague. Article 92 in the Korean Military Penal Code is about rape and indecent acts. Section 6 is an anti-sodomy clause that criminalizes and punishes consensual same-sex sexual relationships. The policy explains that anal intercourse is punishable by law for up to two years.[13] The government continuously defends Article 92-6 by explaining that by prohibiting indecent behavior, they are able to maintain discipline among the predominantly male military.[14] Amnesty International has lamented that Article 92-6 is viewed by the military as a "tacit permission to target LGBT people inside and outside the military."[13]

In 2005, eight soldiers were discharged for being gay.[15] Determining who is gay and who is not is determined through doctor diagnosis and information from fellow soldiers who may have seen someone involved in same-sex sexual activities. [15]

Article 92-6 does not explicitly mention transgender people. However, not all transgender people have gender reassignment surgeries (GRS). The policy would apply to gay transgender men and heterosexual transgender women who have not had gender reassignment surgeries. The extent of the policy is unknown.

Body examinations[]

Biological male conscripts' bodies are closely examined by the Military Man Power Administration. Various types of doctors and specialists from neurologists to dermatologists work together to examine men's bodies. The Draft Physical Examination in 1978, introduced "sexual perversion" and later became "gender identity disorder" to determine physical and mental disabilities. 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. [16]

Transgender women[]

According to Gitzen, transgender women "pose a dilemma" because they go against the conscription of men.[5] Transgender women have only two options: to gain full exemption or serve as "men". Transgender women that have not had any gender-confirmation surgeries are required to serve in the military, as men. Sexual anatomy and being able-bodied are important determining factors for conscription.

Transgender women who have not undergone gender reassignment surgery are expected to serve and are subject to body examinations. Due to the high cost of surgeries, many trans women cannot be exempt by way of legal gender change. One way to gain exemption would be if they were diagnosed with severe gender identity disorder by a military doctor. Exemption can also be granted when there is extensive medical proof of gender identity disorder and "treatment". One other way of exemption is the irreversible orchiectomy surgery, which is the removal of the testicles, to achieve objective feminization.[17] Irreversible surgery as a method of exemption is considered unethical and a coercive act of body mutilation.[by whom?] 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. [5]

Trans women serving as "men" are assigned to second eligible conscription status, also known as de facto exemption, in the military.

Transgender men[]

Transgender men who have legally changed their name are assigned to the service called second eligible conscription status, a lower ranking than their cisgender, male counterparts.

References[]

  1. ^ "'I will continue to fight': South Korea's first transgender soldier vows to oppose dismissal | Reuters Video". Reuters. 22 January 2020. Retrieved 4 July 2021.
  2. ^ "Transgender soldier to sue military over dismissal". BBC. 22 January 2020. Retrieved 4 July 2021.
  3. ^ Diplomat, Timothy S. Rich and Isabel Eliassen , The. "What's Behind South Korea's Persistent LGBT Intolerance?". The Diplomat. Retrieved 25 July 2019.
  4. ^ a b c "STONEWALL GLOBAL WORKPLACE BRIEFINGS 2018" (PDF). Stonewall.
  5. ^ a b c d Gitzen, Timothy (2018). "Sex/Gender Insecurities Trans Bodies and the South Korean Military". Transgender Studies Quarterly. Retrieved 4 July 2021.
  6. ^ "Harisu, As Beautiful As Any Woman: LGBT In The Entertainment Industry". Seoulbeats. 12 July 2012. Retrieved 4 July 2021.
  7. ^ "[Editorial] Hojuje Abolished: What Next?". Hankyoreh. 3 March 2005. Retrieved 4 July 2021.
  8. ^ Na, Tari Young-Jung; Han, Ju Hui Judy; Koo, Se-Woong (2014). "The South Korean Gender System: LGBTI in the Contexts of Family, Legal Identity, and the Military". The Journal of Korean Studies. 19 (2): 357–377. doi:10.1353/jks.2014.0018. ISSN 0731-1613. JSTOR 43923275. S2CID 143736307.
  9. ^ "SOUTH KOREA: SERVING IN SILENCE: LGBTI PEOPLE IN SOUTH KOREA'S MILITARY". www.amnesty.org. Retrieved 18 November 2019.{{cite web}}: CS1 maint: url-status (link)
  10. ^ "South Korea's first transgender soldier found dead". BBC News. 3 March 2021. Retrieved 8 August 2021.
  11. ^ "Landmark legal ruling for South Korean transgenders". english.hani.co.kr. Retrieved 25 July 2019.
  12. ^ "Why is South Korea so intolerant of its gay community?". South China Morning Post. 17 September 2018. Retrieved 25 July 2019.
  13. ^ a b James Griffiths, Jake Kwon and Paula Hancocks (11 July 2019). "Report: LGBTQ soldiers say they were abused in South Korean military". CNN. Retrieved 25 July 2019.
  14. ^ "South Korea: Military 'Sodomy' Law Violates Rights". Human Rights Watch. 7 March 2019. Retrieved 31 May 2019.
  15. ^ a b "Gay Soldiers Booted From South Korean Army". Advocate. 18 February 2006. Retrieved 4 July 2021.
  16. ^ "국가법령정보센터 | 법령 > 본문 - 병역판정 신체검사 등 검사규칙". www.law.go.kr. Retrieved 6 June 2019.
  17. ^ "2014 - 2014 area 6. Military". annual.sogilaw.org. Retrieved 31 May 2019.

External links[]

  1. "Psychological Burdens are associated with young male transsexuals in Korea
  2. "Dozens arrested as South Korean military conducts 'gay witch-hunt'" CNN
  3. Overview Of LGBTQ Activism In South Korea
  4. Rainbow Action Against Sexual Minority discrimination."Human Rights Violations on the Basis of Sexual Orietation, Gender Identity and HIV Status in the Republic of Korea"
  5. LGBT Rights in South Korea
  6. Transgender Woman Finds Acceptance In South Korea
  7. "The Normalization of Universal Male Conscription in South Korean Society and the State Regulation of Draft Evasion and Conscientious Objection"
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