Human Rights Commission Grants Emergency Relief for Discharge Review of 'Transgender Soldier'

"Gender Transition and Physical Disability Judgments Are Acts of Discrimination"

[Image source=Yonhap News]

[Asia Economy Reporter Jeong Dong-hoon] The National Human Rights Commission of Korea has recommended urgent relief in an emergency relief case requesting the postponement of the discharge review committee meeting for a non-commissioned officer who underwent gender reassignment surgery during military service.

The petitioner applied for urgent relief to the Human Rights Commission, requesting the postponement of the discharge review committee scheduled for the 22nd concerning the non-commissioned officer involved in this case.

In response, the Human Rights Commission stated, "There is no separate legislation or precedent regarding transgender individuals in active military service, and referring the non-commissioned officer in this case to the discharge review committee by judging the gender reassignment surgery as a physical disability has the potential to be discriminatory based on gender identity," adding, "The procedure of referring to the discharge review committee could ultimately affect the basic rights of the victim."

The Human Rights Commission recommended to the Army Chief of Staff to postpone the discharge review committee scheduled for the 22nd to a date after the investigation period (3 months) according to Article 4 of the Rules on Investigation and Relief of Human Rights Violations and Discriminatory Acts.