Like neighbouring China and Japan, South Korea doesn't criminalise male
homosexuality, but nor does it have antidiscrimination laws that cover gay men,
lesbians or members of the transgender community. In addition, military service
discrimination and discriminatory censorship of LGBT publications is also a
problem.
While the ancient Kingdom of Goryeo had no rich tradition of homoerotic
literature like its nearby Northwest Asian neighbours, it did have a string of
historical figures, like Buddhist monks, nobility and Korean monarchy, famed
for their same-sex preferences. Like England's Edward II, King Hyegong was
killed by jealous nobles for his preferential treatment of his favourites to
the detriment of his realm, although Kings Chungseon (1275-1325) and Gongmin
(1325-1374) were both far more careful to attend to their administrative and
political responsibilities, so they could also spend time with their wonchung
(male lovers), known as chajewhi ("little brother attendants"- which included
some hefty strapping twentysomethings!)
In the nineties, South Korea's LGBT communities began come out of the closet
and politically organise. Chingusai arose for men, Kirikiri is a Seoul based
lesbian counselling group, and Solidarity for LGBT Human Rights in South Korea,
the Korean Sexual Minority Culture and Rights Centre and Lesbian and Gay
Alliance Against Discrimination in Korea are activist organisations.
In terms of legislative politics, the Democratic Labour Party is a centre-left
grouping with ten National Assembly representatives, and has a Sexual
Minorities Committee which works to end homophobic and transphobic
discrimination in South Korea. However, current South Korean President Lee
Myung-Bak (elected December 2007) described homosexuality as "abnormal" and
opposes same-sex marriage.
For LGBT South Koreans, two particular difficulties arise in the context of
military service discrimination and censorship policy. Under Article 92 of the
Military Penal Code, even consensual gay sex within the services is described
as "sexual harrassment" or "reciprocal rape" (sic) and carries a one-year penal
sentence.
In addition, South Korea's misnamed Ministry of Information and Communication
runs a so-called Information and Communication Ethics Committee, which has
blocked, filtered or banned LGBT South Korean websites, under the Youth
Protection Act 1997. However, the Korean National Human Rights Committee has
ordered its Youth Protection Committee to alter homophobic language within the
legislation, handing down this decision in 2003.
As for the trans community, gender reassignment surgery is only permitted over twenty years of age, and only if one
has either undertaken or been exempted from military service, although the South Korean Supreme Court (2003) has
ruled that transpeople are entitled to receive alteration of their gender details and names on official
documentation.
