B. Main Topics 1) Changes in the Supreme Court Precedent and Challenges On Article 92-6 of the Military Criminal Act A) Changes in the Supreme Court Precedent on the Application of Article 92-6 of the Military Criminal Act In a ruling on Apr. 21, 2022,424) the Supreme Court changed the previous precedent425) ruling that “sexual intercourse between male soldiers constitutes a crime of indecent conduct under the Military Criminal Act” in relation to Article 92-6 of the Military Criminal Act. In this ruling, the Supreme Court ruled to the effect that ‘sexual relations between soldiers of the same sex that occur according to voluntary agreement in a private space cannot be punished.’ The court reversed and remanded the defendants who were accused of engaging in same-sex consensual sexual activity in a dormitory for singles outside of working hours. Article 92-6 of the Military Criminal Act prohibits anal sex or other indecent acts against military personnel and cadets, and provides that a prison term of up to two years is imposed in case of violation. The Criminal Act punishes only indecent acts accompanied by violence or threats (Articles 298 and 299 of the Criminal Act), and the Military Criminal Act also punishes acts of indecent conduct by using violence or threats (Article 92-3 of the Military Criminal Act) or by taking advantage of the other person’s insanity or inability to resist (Article 92-4 of the Military Criminal Act). On the other hand, Article 92-6 of the Military Criminal Act differs from the crime of indecent act by force in that it is subjected to punishment only if the act falls under “anal sex or other indecent conduct” even if there is no circumstances of being against one’s will. Criticism has been continuously raised that Article 92-6 of the Military Criminal Act violates the individual's right to sexual self-determination by punishing sexual acts that have been freely agreed to only fall under a specific aspect,426) but the Constitutional Court has ruled on three occasions (2002, 2011 and 2016) that this provision is consistent with the Constitution.427) 424) Supreme Court, Decided on Apr. 21, 2022, 2019Do3047 425) Supreme Court, Decided on May 29, 2008, 2008Do2222 426) NHRCK, Decided on Dec. 22, 2008, Expression of Opinion on partial amendment to the Military Criminal Act. 182