Homosexuality in South Korea
Polling conducted within South Korea has consistently indicated a notable prevalence of resistance regarding the rights of LGBTQ+ individuals.
Survey
of Korean citizens articulated their endorsement of equitable employment opportunities for LGBT individuals.
Survey
Among individuals residing in South Korea, a consensus emerged that transgender persons should be empowered to undergo surgical interventions for the purpose of aligning with their gender identity.
Have you ever resided in or merely visited South Korea?
We invite you to share your personal experiences as an LGBTQ+ individual while in South Korea.
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Homosexual activity in South Korea
?Within South Korea, homosexual activity is, in fact, legally permissible.
Sexual relations between individuals of the same gender are not considered unlawful for civilian citizens within South Korea; however, such acts are indeed prohibited between men serving in the armed forces.
Under Article 92-6 of the Military Criminal Act, "anal intercourse" and other designated "indecent acts" are penalized when occurring within any military context, potentially mandating imprisonment for a maximum of two years; it is worth noting that all able-bodied men are mandated to complete approximately two years of military service. Conversely, there exists no legal provision that criminalizes sexual relations between individuals of differing genders within the armed forces of South Korea.
Under Article 92-6 of the Military Criminal Act, "anal intercourse" and other designated "indecent acts" are penalized when occurring within any military context, potentially mandating imprisonment for a maximum of two years; it is worth noting that all able-bodied men are mandated to complete approximately two years of military service. Conversely, there exists no legal provision that criminalizes sexual relations between individuals of differing genders within the armed forces of South Korea.
Censorship of LGBT issues in South Korea
?Regarding the censorship of LGBT-related matters within South Korea, such practices are, fundamentally, non-existent.
Formally, no limitations are imposed upon the liberties of expression and assembly within the South Korean nation. Nevertheless, during July of 2023, the city's mayor, alongside other public officials in Daegu, made an endeavor to physically impede the yearly Daegu Queer Culture Festival, asserting violations of traffic regulations as their rationale. Ultimately, their efforts proved unsuccessful, and consequently, the festival proceeded as planned.
Federal Legislation Enforced by the State
Censorship was, for a period, exercised by the South Korean government upon internet websites featuring gay-related content between the years 2001 and 2003, specifically via its Information and Communications Ethics Committee, which functioned as an authorized arm of the Ministry of Information and Communication.
Right to change legal gender in South Korea
?The entitlement to alter one's legal gender identity within South Korea is sanctioned by law, ostensibly without restrictions.
Present State
Commencing in 2020, any criteria formerly considered obligatory transitioned into an optional status, with judicial bodies subsequently requesting such information purely on an individualized, case-by-case assessment. The inaugural legally sanctioned instance of FTM gender recognition, achieved without the need for sterilization, took place in 2021, while a similar milestone for MTF individuals was reached in 2023. Notwithstanding these developments, a majority of judicial officials persist in regarding surgical intervention as an essential precondition; consequently, individuals pursuing Legal Gender Recognition (LGR) frequently relocate to jurisdictions characterized by more lenient stipulations. During 2024, the Cheongju District Court put forth a proposal for a revised set of criteria, stating them to be &34;founded upon subjective experiences of gender and gender identity, suitability for the self-identified gender role, relevant medical criteria and outward presentation (though not necessarily involving sterilization), and the perception of a third party.&34;
Gender-affirming care in South Korea
?Access to gender-affirming medical care within South Korea is indeed subject to considerable limitations.
The nation of South Korea imposes stringent limitations upon transgender individuals' capacity to obtain gender-affirming medical treatment. These stipulations include:
- An individual must have surpassed the age of twenty (20) years
- Remaining in an unmarried state is mandatory
- The absence of any minor children is required
- Citizenship of South Korea is a prerequisite
- Parental consent, provided in written form, is necessary (irrespective of the applicant's age)
Furthermore, transgender individuals who are Male-to-Female (MtF) face complications related to military conscription.
- An individual must have surpassed the age of twenty (20) years
- Remaining in an unmarried state is mandatory
- The absence of any minor children is required
- Citizenship of South Korea is a prerequisite
- Parental consent, provided in written form, is necessary (irrespective of the applicant's age)
Furthermore, transgender individuals who are Male-to-Female (MtF) face complications related to military conscription.
Legal recognition of non-binary gender in South Korea
?The formal acknowledgment of non-binary gender identities within South Korea is currently not sanctioned by law.
Hate crime protections in South Korea
?Safeguards against hate crimes within South Korea remain largely undefined.
LGBT discrimination in South Korea
?Discrimination targeting LGBT individuals within South Korea exhibits regional variations.
LGBT housing discrimination in South Korea
?Discriminatory practices concerning housing for LGBT persons in South Korea are subject to regional differences.
Adoption by same-sex couples in South Korea
?Intersex infant surgery in South Korea
?Surgical procedures performed on intersex infants in South Korea have not been outlawed.
Serving openly in military in South Korea
?Open service within the South Korean military remains unlawful.
For civilian citizens in South Korea, same-sex sexual activity is not deemed illicit; however, among military personnel, specifically men, it stands as an impermissible act. According to Article 92-6 of the Military Criminal Act, so-called &34;indecent acts&34; committed within any military environment are subject to penalties, potentially leading to incarceration for as long as two years; notably, all physically capable men are required to undertake roughly a two-year period of military service. There is, however, no legislation that criminalizes heterosexual sexual activity within the ranks of the South Korean military.
Nonetheless, indications suggest that existing limitations concerning LGBTQ+ members of the armed forces might be undergoing a relaxation: During 2022, the Supreme Court of South Korea reversed the conviction of two military personnel concerning same-sex sexual conduct, and notably, in 2021, a district court granted posthumous reinstatement to a transgender soldier who had tragically died by suicide following her dismissal from military service.
Nonetheless, indications suggest that existing limitations concerning LGBTQ+ members of the armed forces might be undergoing a relaxation: During 2022, the Supreme Court of South Korea reversed the conviction of two military personnel concerning same-sex sexual conduct, and notably, in 2021, a district court granted posthumous reinstatement to a transgender soldier who had tragically died by suicide following her dismissal from military service.
Conversion therapy in South Korea
?The practice of conversion therapy within South Korea is not subject to a legal prohibition.
The nation of South Korea has not enacted legislation to prohibit therapeutic interventions, commonly known as conversion therapies, designed to alter an individual’s sexual orientation or gender identity.
Equal age of consent in South Korea
?Parity in the age of consent within South Korea is indeed upheld.
The statutory age for consensual sexual activity is identical for both same-sex and opposite-sex relationships, established at thirteen (13) and sixteen (16) years of age, respectively.
Upon attaining the age of thirteen, persons are permitted to engage in sexual relations with any individual who is older than thirteen but younger than nineteen. Once a person reaches sixteen years of age, they are legally able to engage in sexual relations with any person who is also aged sixteen or older.
Upon attaining the age of thirteen, persons are permitted to engage in sexual relations with any individual who is older than thirteen but younger than nineteen. Once a person reaches sixteen years of age, they are legally able to engage in sexual relations with any person who is also aged sixteen or older.
Provincial LGBT Entitlements
Examine the specific legal statutes pertaining to LGBT individuals within each distinct province of South Korea.