The Constitution bans any form of discrimination on the basis of sexual orientation, though the supreme law does not have a specific clause for sexual minorities. Same-sex marriage is not legally recognized in South Korea.

The Constitutional Court upheld the military’s criminal law during its previous rulings in 2002, 2011 and 2016. In the 2016 ruling, the nine-member court ruled 5-4 in favor of punishing homosexuality in the military.  

The Constitutional Court then said banning homosexuality in the military can be tolerated as the military faces “special circumstances.” If sodomy is allowed in garrisons, it would undermine soldiers’ readiness posture, the court added.

“Banning sexual activities between the same-sex service members and criminally punishing such behaviors is a proper measure to ensure military discipline and sound activities in garrisons,” the court said. 

Homosexuality in the military roiled South Korea last year when the Army allegedly conducted an investigation into gay servicemen, prompting debate among then-presidential candidates over the country’s poor record on LGBT rights.

Human rights activists claimed that Army investigators confiscated mobile phones from as many as 50 soldiers suspected of being gay, and pressured them to identify gay colleagues on their contact lists and dating app.  

During his presidential campaign, then-candidate Moon Jae-in said while he opposed discrimination against sexual minorities, he advocated bans on homosexuals in the military and same-sex marriage in the country.

By Yeo Jun-suk (jasonyeo@heraldcorp.com)