Anti-Gay Military Ban Upheld In South Korea

A South Korean court has upheld a military law banning homosexual behavior. AFP reports:

Korea "In a 5-4 split decision, the court ruled that the military criminal code which punishes homosexual behaviour with up to one year in prison is constitutional. 'The legal code cannot be seen as discrimination against gays because such behaviour, if left unchecked, might result in subordinates being harassed by superiors in military barracks,' it said in a statement. The law's purpose was to ensure discipline within the whole military organisation, the court said. The ruling came after an army military court filed a petition with the Constitutional Court. It asked whether the military criminal code, written in 1962, was discriminatory against gay soldiers and thus unconstitutional. Homosexuality is not illegal under the civil legal code."

Last year, South Korea's Human Rights Commission criticized the military saying that the unfair law violated soldiers' human rights.