municipal office. With regard to the complaint, the NHRCK, in September 2022, presented opinion to and recommended the head of Buk municipal office to take actions to resume the construction and remove outdoor postings containing hate speech and derogatory expressions against Muslims. In the meantime, the builders filed a lawsuit against the Buk municipal office concerning the administrative disposition, and the Supreme Court rendered the final decision in September 2022 that the disposition to suspend the construction was illegal. Nonetheless, the construction is not yet complete due to the opposition of some residents. 25 NHRCK, Interim relief decision on the referral of an army non-commissioned officer who underwent sex reassignment surgery while in service to the discharge review board (Case No. 20Gingeup0000200, February 2020). 26 NHRCK, Decision on an unfair discharge of a service member who had sex reassignment surgery while in service (Case No. 20Jinjeong0056500, December 2020). In this case, the NHRCK viewed that the disposition of the military to discharge the soldier who underwent sex reassignment surgery while in service violated the principle of legality, having no grounds in the relevant laws and regulations to impose such dispositions, and concluded that such disposition violated the right to the pursuit of happiness and the freedom of occupation of the sexual minority service member. 27 Article 92-6 (Indecent Act) of the Military Criminal Act: A person who commits anal intercourse with any person (such as a serviceperson or a civilian military employee) prescribed in Article 1 (1) through (3) or any other indecent act shall be punished by imprisonment for not more than two years. 28 NHRCK, Decision on an unfair discharge of a service member who had sex reassignment surgery while in service (Case No. 20Jinjeong0056500, December 2020). 29 NHRCK, Opinion on a constitutional petition against Article 92-6 of the Military Criminal Act (June 2022). 30 The Supreme Court, Established Rules No. 550 on Family Relations Registration. 31 Article 6 of the Guidelines for the Handling of Petition for Legal Sex Change Permit of Transgender People provides that the sex reassignment surgery and the sterilization surgery are one of the requirements for gender change. The Guidelines prescribe that these requirements are ‘items to be noted’ for a judgment on a legal sex change permit. However, many judges practically regard them as ‘criteria for a judgment.’ 32 NHRCK, Decision on human rights violation under the Guidelines for the Handling of Petition for Legal Sex Change Permit of Transgender People (Case No. 21Jinjeong0835800, February 2023). 33 NHRCK, Recommendation for the establishment of a comprehensive policy to create a human rights friendly school culture. 34 Human Rights Committee, Concluding observations of the 4th periodic report of the Republic of Korea, Paragraph 15 (December 2015). 35 According to the UNESCO’s International Technical Guidance on Sexuality Education, “comprehensive sexuality education” is a curriculum-based process of teaching and learning about the cognitive, emotional, physical and social aspects of sexuality, and it aims to equip children and young people with knowledge, skills, attitudes and values that will empower them to realize their health, well-being and dignity; develop respectful social and sexual relationships; consider how their choices affect their own well-being and that of others; and understand and ensure the protection of their rights throughout their lives. 30

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