What about the LGBT community in South Korea?
Although every citizen is individually protected by the south-Korean Constitution (among other laws), no rights are officially acknowledged for the LGBT community in South Korea.
Then since the 2000s, how have they tried to be recognized as equal in this society?
As things stand now, the LGBT community’s situation is far from glorious. Indeed, taboos and prejudices are still prevalent in South Korea both in the law and in society.
For instance, conversion therapies are still legal. Well-known for its mental and physical violence, conversion therapy, also called reparative therapy or gay cure therapy, intends to change someone’s sexual orientation or gender identity. In theory, it involves discussions and prayer sessions but in practice, more extreme forms include exorcism, physical violence such as food deprivation… Conversion therapy is qualified by the British Psychological Society (BPS) and other professional bodies as “unethical and potentially harmful” (source). Banning conversion therapy implies that someone cannot be considered “mentally ill” because of their sexual orientation.
They are already forbidden in many countries such as South Korea’s neighbors, China and Japan but also in Brazil which was the first one in the world to ban them in 1999. Following its lead, other countries such as Canada, Taiwan, some states in the United States, and most of the Western European countries have also followed suit.
To find out the point of view of Korean citizens and foreigners residing in South Korea on that issue, I asked the followings questions to a range of respondents.
‘What do you think about therapy conversion? Would you be ready to get involved in the advocacy against therapy conversion?’
[Anonymous, Korean, 20’]: “Never heard about conversion therapy before, even though after reading some translated articles, it is hard to tell”.
[Mr. Joo, Korean man, 50’]: “the conversion therapy itself is just personal sexual preference. I am not for or against”.
[Olivia, French woman, 25, in Korea for one year]: “I know about it yes, if I could get involved in the advocacy against therapy conversion, I would. However, as a non-Korean citizen, I am not sure what I’d be allowed to do legally”.
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To this day, the LGBT community is still being denied other fundamental rights.
‘Do you know what rights are still prohibited for LGBT people in South Korea? What is your opinion on this matter?’
[Anonymous, Korean man, 20’]: “They cannot get married, other than that, I don’t think they need some specific rights. In my opinion, about marriage, it is too soon for Korean society to accept it. It will take decades for us to become more open regarding LGBT issues”
[Mr. JOO, Korean man, 50’]: “I don’t know if there are forbidden rights for the LGBT community. Also, realistically, it is too early for them to claim their rights”.
[Olivia, French woman, 25, living in Korea for one year]: “As far as I know, a lot of things are not allowed in South Korea. This fuels me with rage. People should be able to be whomever they want regardless of their gender. For example, a child will be equally as happy with two loving parents, whatever their sexuality is. And no, it won’t “turn” the child gay”.
[Estella, Korean woman, 23, majored in psychology, public administration, studied law]: “you and I talked earlier about PACS which is an alternative marriage system that exists in France and that allows people to be linked under the law without getting married. That system could really fit in Korean society, many people might need it. This could be helpful not only for LGBTs but also single people who live alone. Let me give an example. If someone died alone institutionally (not married) and if no one is left in his family for heritage matter, the partner of the unfortunately dead person is first, not able to hold a funeral, and secondly, not able to dispose of the deceased’s properties. Even if they have lived a long time together. After some research, I can tell that 69% of Korean people agreed that regardless of marriage or blood ties, if two people share livelihood and residence, they should legally be recognized as a family. But the law point of view does not fit this perspective. It already has resulted in some conflicts between individuals and institutions.
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Currently, marriage and adoption for same-sex couples is prohibited. However, globally, marriage equality is legal in 32 countries.
(source)
For instance, France passed a law allowing marriage for all in 2013. Also, Taiwan is the only Asian country that made it legal. Singapore recently abolished a law that punished men having homosexual relationships with up to two years in prison. However, Singapore still prohibits homosexual marriages.
It is essential to raise another issue for the South Korean LGBT: blood donation. Due to the history of blood-carrying diseases AIDS/HIV (human immunodeficiency virus), the donation of blood for homosexual people in South Korea is very limited.
Following the investigation of the National Human Rights Commission of Korea, they found out that article 12–1 of the Enforcement Regulation of the Blood Management Act stipulates that before blood collection, the doctor or nurse must fill out a specific form in which it is asked if the potential donor had sexual contact with a person of the same sex or indeterminate sex. If it is the case, the collection of blood is prohibited.
To adress the allegations of the NHRC, the Minister of Health and Welfare responded that the main content of the questionnaire aims to protect the prospective donor’s health condition and whether he or she might be carrying a blood-borne disease or blood-transmissible disease, such as the AID virus. Because of the health history, sexual contact with a person of the same sex could be interpreted as “jumping to the conclusion that such sexual contact means that the person is carrying AIDS”. In response, the ministry said it would consider that when it revises the Enforcement Decree of the Blood Management Act.
(source)
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‘If a referendum allowing LGBT people to do blood donation was to be held, would you be in favor or against it?’
[Anonymous, Korean man, 20’]: “I did not know they were not able to give their blood. But personally, I would feel suspicious as a receiver”.
[Mr. Joo, Korean man, 50’]: “Donating blood is basically not something you will object to if you think there is nothing wrong with the pathogen test. The pathogen test should be the only condition to allow blood donation”.
[Olivia, French girl living in Korea, 25]: “of course in favor of it! There is a huge need for blood donation and the reason I heard about it is because in France a few years back for not accepting gay people, was because of diseases anal sex can bring. Spoiler alert, the straight couple also do it”.
[Estella, Korean woman, 23]: “Why not! But before that, they should double-check their health issues”.
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In addition, numerous religious groups are raising their voices about their protests against the rights or the tolerance itself of the LGBT community. They ‘attended’ the last Pride in Seoul, displaying signs showing people ‘burning in hell’ and singing religious songs so loud that the music of the pride could no longer be heard. Let us say, it is impossible to miss their disapproval.
‘What is your opinion about the LGBT community in South Korea?’
[Anonymous, Korean man, 20’]: “For me, the LGBT community is kind of political topic in here. I don’t mind them doing what they want to do but I hope they don’t force others to accept them”.
[Mr. Joo, Korean man, 50’]: “it is their choice to be part of the LGBT community and they are allowed to admit it as they but want. However, I don’t think they should force other people to admit it too”.
[Olivia, French woman, 25]: “I have one girl friend in Korea who is dating a Korean woman. I know there is a community but if you are not part of it or involved in any way, it is “easy” to believe they don’t exist. In over a year of living in Korea, I have only seen two openly LGBT couples”.
[Estella, Korean woman, 23]: “Maybe there are so many communities with LGBT(Q+) but I actually don’t know their experiences, rules, topics, etc. However, I know that the LGBT communities show an incomplete understanding of minorities’ identities and experiences. My point is that they mostly highlighted gay/lesbian identities or transgender identities. However, many other identities like mine (asexual) are greatly underrepresented.
Besides, there is no way in South Korea to express LGBT identities. Apart for the Queer Parade, they meet in secret. It seems to make them look odd, dangerous, and like they should not be approached”.
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Fortunately, there are some good news for the LGBT community in South Korea:
According to the court, transgender people are allowed to do a sexual reassignment procedure if they are 19 years old with no minor children, has suffered from continued gender dysphoria, has the sense fo belongingness to the opposite gender (source). They can also ask for the modification of their documents related to gender information.
For civilians, homosexuality is no longer a crime since the 2000s.
However, it is different for soldiers. According to article 92–6 of the Military Criminal Act, any sexual act between two soldiers is labeled as “sexual assault/ harassment” and punished with a maximum sanction of two years of imprisonment.
In 2017, a legal case emerged. Two soldiers were convicted to three and four months respectively, with one year of probation for violating article 92–6.
Recently, the supreme court of South Korea issued a valuable judgment for the LGBT community. Indeed, on April 21st, 2022, she went back on the decision of the ‘lower’ court regarding the 2017’s case. The supreme court ruled that because the sexual act was conducted outside the military base, when the two soldiers were off duty and both willing to, article 92–6 of the Military Criminal Act does not apply.
Moreover, the constitutional court of South Korea is currently reviewing for the fourth time if the criminalization of sexual acts among military personnel should maintain or not. Its three previous judgments were negatives: so far, this act is still a crime in South Korea.
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‘Are you aware of the living conditions of LGBT soldiers in the Korean army ? What is your opinion about it?”
[Anonymous, Korean man, 20’]: “if they found out to be gay when they do the test before military, they won’t be able to go even if they want to. In my opinion, because we share rooms for almost two years with other men, seeing each other, taking showers, etc, even if gay people don’t particularly like me, I would not want to feel like some gays are watching me”.
[Mr. Joo, Korean man, 50’]: “Homosexuality in the military is mostly abhorred in Korea. I also agree with that”.
[Olivia, French woman, 25]: “I know the Korean army is difficult for anyone “different” so I can only imagine how awful it is. All I know about it is the heart-breaking story of Byun Hee-Soo”.
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Byun Hee-Soo was a staff sergeant in the military in 2017 and went to have gender confirmation surgery in 2019 in Thailand during his military service. He became a she. She was the first transgender soldier in the Korean army. However, the defense ministry classified the removal of her male reproductive organs as a mental or physical disability: in 2020, they decided that Byun Hee-Soo would be compulsorily discharged. Indeed, South Korea prohibits transgender people from joining the army.
Afterward, in front of the journalists, Byun Hee-Soo said “I am a soldier of the Republic of South Korea” with a broken voice. Serving in the military has always been her childhood dream. She continued with “please give me that chance”. According to the local mental care clinic, Byun already attempted to commit suicide three months ago. And unfortunately, she was found dead in 2021.
Nevertheless, in the customs of South Korean society, we can observe some improvements.
Some places are since a few years dedicated to the LGBT community. Including the ‘Homo Hill’ in Itaewon, or Jong-ro in Seoul, which concentrates gay and transgender bars such asthe Soho, the Queen, the Why not, etc.
Additionally, LGBT rights organizations make their voices more and more heard:
Solidarity for LGBT Human Rights of grew afterwards to become the most active LGBT movements in South Korea
The Seoul Queer Culture Festival (SQCF) organizes every year the equivalent of what can be found in Europe under the name of ‘Pride’. This association accepts donations throughout the year from individuals and queer/ally groups to finance the festival in Seoul and Daegu.
DDing Dong is a support center dedicated to young LGBT people. They protect teenagers belonging to sexual minorities that are facing crises on daily basis. Their name was chosen based on a reference to the Korean slang used by lesbians to identitfy themselves.Their purpose is to help LGBT teenagers to have a more independent life and to ensure their physical and moral well-being, as well as their self-esteem.
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‘Have you ever heard about some organizations protecting the LGBT community’s rights? What do you think of their actions?’
[Anonymous, Korean man, 20’]: “I read the news every day, but I never heard of them before. As we don’t talk about them in Korean media, talking about them suddenly, would probably trigger much hate movements”.
[Mr. Joo, Korean man, 50’]: “Such a shame that those group activities become increasingly more political”.
[Estella, Korean woman, 23]: “the one I know is the Gay Bar Association (게이법조회) ».
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‘LGBT persons want Korean society to be more open-minded and less conservative. What is your opinion on it? Do you have a final word to say?’
[Anonymous, Korean man, 20’]: “Honestly, I know they are not accepted here, but I think they should not expect us to change. It sounds like we are different human beings from them now. It sounds like our opinion doesn’t matter anymore. It is everyone’s choice to agree or disagree. It is also rareto meet one of them. I never talked to them or hear about them for many years. They surely hide but it is their choice to hide. They should not be afraid to talk about it. If they decide to come out, it would be a chance for us, “heterosexuals” to get to know them better and acknowledge them as similar to us. Nevertheless, recently, after hanging out with foreigners, I met few gay friends, they are very nice but I don’t only consider them as “gay people” when I hang out with them. There are other interesting things in their personality to focus on”.
[Mr. Joo, Korean man, 50’]: “In my opinion, many are worried that there are too many LGBT people in South Korea. So, it might be hard for them to become a community in this society. For me, it should only stay as an individual problem”.
[Olivia, French woman, 25]: “in my opinion, South Korea is still very conservative. I am just hoping Korean people could be more themselves and not scared about the repercussions. I often say this and do believe that Korea is a few years behind when it comes to LGBT, equality, and animal welfare matters. So I’m just hoping the new generation is willing to make it easier for everyone to live more happily”.
[Estella, Korean woman, 23] “Luckily, I have never been seriously hurt and my orientation is not noticeable, but I think this is thanks to the people who resisted more actively. I think people’s thoughts about difference and coexistence should change. All things related to Human Rights must be the work of the nation. The nation should no longer neglect the issue of diversity-LGBT”.
