South Korea rights commission found gay military ban unconstitutional

On October 27, 2010, the South Korean National Human Rights Commission (NHRCK) determined that a provision in the country's military penal code punishing same-sex relationships between armed service members violates soldiers' constitutional right to privacy. The NHRCK submitted a petition challenging the law to the Constitutional Court of South Korea, which upheld its constitutionality in April 2011. In its 5-4 decision, the Court argued that the criminalization of homosexuality in the military was necessary to maintain discipline in the armed forces. The US recently repealed its similar military policy, Don't Ask, Don't Tell (DADT), which had banned openly gay soldiers from serving in the armed forces.

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Learn more about gay rights from the JURIST news archive and read an overview of DADT at JURIST Features.


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