Military: "No Disciplinary Action for 'Consensual Same-Sex Relations' in Private Spaces"

"Following Supreme Court Precedent, Consensual Sexual Relations Not Punished"

The Ministry of National Defense has confirmed that it is considering a plan not to discipline 'consensual same-sex sexual relations conducted in private spaces.'

Jeon Ha-gyu, spokesperson for the Ministry of National Defense, stated at a regular briefing held at the Ministry of National Defense building on the 27th, "According to the Supreme Court precedent that (same-sex) acts in private spaces cannot be punished under the military criminal law for molestation, the military does not punish consensual sexual relations in private spaces."

The current military criminal law stipulates that anyone who commits anal sex or other molestation against soldiers, military personnel, or cadets shall be punished by imprisonment for up to two years.

Ministry of National Defense Building, Yongsan-gu, Seoul

However, in April last year, the Supreme Court ruled in the final appeal of a case involving a male officer and a male non-commissioned officer who were prosecuted for violating the military criminal law after having sexual relations at a single-person dormitory outside of working hours, stating that "consensual same-sex sexual acts between soldiers in private spaces cannot be punished." The court stated, "Criminal punishment in cases that do not directly and specifically infringe upon the sound life and discipline of the military community is an excessive restriction of sexual self-determination solely because one is a soldier, without reasonable grounds."

Subsequently, in November last year, the Ministry of National Defense announced a legislative notice for the amendment of the Military Disciplinary Regulations Enforcement Rules, which defines 'molestation' as 'anal sex, oral sex, or other similar acts between same-sex soldiers or military personnel'?one of the disciplinary grounds. While defining the concept of molestation in the Military Disciplinary Regulations Enforcement Rules as acts specified in the military criminal law, the Ministry is reportedly considering adding a phrase reflecting the Supreme Court precedent stating that 'consensual acts in private spaces are not punishable.'

Meanwhile, in August last year, the National Human Rights Commission of Korea, which received a request from the Ministry of National Defense to review the amendment of the Military Disciplinary Regulations Enforcement Rules, issued an opinion in line with the Supreme Court precedent. At that time, the Human Rights Commission recommended that sexual acts constituting molestation "conducted voluntarily and consensually in private spaces be excluded from disciplinary action."