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.


  1. ratbastard says


    Indeed; Asian societies [not just Korean] are VERY insular, racist and bigoted. The United States by comparison is a paragon of acceptance and tolerance compared to any Asian society/nation. Though try telling this simple truth to the typical western bourgeois ‘progressive’.

    There are no greater bonafide multicultural, accepting and diverse societies than western, i.e. Western European, North American, Australia/N.Z., Brazil, etc.

  2. Rob says

    umm, ok the united states is by no means a paragon of acceptance. there is plenty of discrimination here, just like other western countries, it just seems asian culture seems to be more comfortable with being racist, and in this case homophobic.

    and i’m not sure why you’re trying to relate progressives to the bourgeois because conservatives (ie, republicans) are the party of the bourgeois. progressives are the party of the proletariat.

  3. ratbastard says

    Proletariat … LOL! Funny! Seriously Rob, take your head out of your bum. And, um, yeah… ‘progressives’ I’m familiar with are some of the most bougie faux ‘radicals’ around.

  4. Danny says

    Korea’s definitely rough on gay people. Of all the countries in Asia, it may be the one most adept at closing its eyes and pretending we don’t exist.

    Even when families know their sons are gay they expect them to marry anyway because the social pressure to conform is great and the penalties for failing to conform are high.

    How do I know? Because my Korean bf from 12 years ago finally left his disastrous marriage 2 years ago – and finally called me after being separated from his wife for a year and a half.. He had tried to forget me and to make the marriage work but failed at both. Meanwhile the pressure to conform left a lot of wreckage in two families. Such waste and foolishness.

    I can’t begin to tell you how excited I am to have him back.

  5. TruthSeeker_Too says

    Wishing Dan and his Korean bf all the best in restarting their life together.

    It totally sucks that the court didn’t vote 5-4 the other way. It is a stupid statement that is blatantly false and coupled with faulty reasoning. The majority on that court is an embarrassment to the legal community.

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