[Issue Check] What Do You Think About the Discharge Controversy of the 'Transgender Soldier'?

[Image source=Yonhap News]

[Asia Economy Reporter Kim Bong-gi] For the first time since the founding of the armed forces, a soldier who underwent gender reassignment surgery while in service expressed the intention to continue serving but was forcibly discharged. The National Human Rights Commission recommended postponing the review of the gender correction decision due to the lack of regulations or precedents related to cases of gender reassignment surgery during active duty, but the military discharge review board did not accept this recommendation.

Corporal Byeon Hee-su, who was serving in the Army's 5th Armored Brigade, went on leave to Thailand last November and underwent male-to-female gender reassignment surgery. At the time, Corporal Byeon was warned that undergoing surgery could lead to forced discharge. Nevertheless, she obtained approval from her commanding officer, completed the surgery, and returned to Korea. After returning, Byeon expressed her intention to serve as a female soldier, but was diagnosed with a Grade 3 mental and physical disability during a medical examination at the Armed Forces Capital Hospital and was referred to the discharge review board. The board upheld the previous disability diagnosis and forcibly discharged Byeon. It is known that Byeon is currently preparing an appeal under the Military Personnel Act.

The Military Human Rights Center, which assisted Byeon with her press conference, cited the case of former Veterans Affairs Commissioner Pi Woo-jin, who was forcibly discharged after being diagnosed with a disability but returned through administrative litigation. They argued that since Byeon can continue serving with appropriate treatment, there is no reason for forced discharge. Bae Jin-gyo, Chair of the Justice Party's Sexual Minority Committee, issued a statement expressing hope that the closed and anti-human rights military culture toward sexual minorities will change through this case, noting that 20 countries including Canada and Belgium already allow sexual minorities to serve in the military.

The British BBC pointed out that according to the OECD, South Korea’s acceptance of homosexuality scored 2.8 out of 10, ranking fourth lowest among 36 member countries. The report introduced controversies regarding the human rights of homosexual soldiers and highlighted the situation faced by sexual minority soldiers in Korean society.

At present, Corporal Byeon Hee-su’s case has been concluded with forced discharge, but there is a possibility of future appeals and lawsuits. The case is regarded as one that has broadened the horizon of awareness regarding the treatment of sexual minority soldiers.

After the forced discharge decision, Corporal Byeon expressed gratitude in a statement to her comrades who supported her throughout her journey to gender reassignment surgery.