The Supreme Court ruling is about the interpretation and application of this provision, and
civic groups released a statement welcoming the decision and stating that it was an important
decision to protect the human rights of LGBTI people,428) and in the National Assembly, a
partial amendment to the Military Criminal Act was proposed to repeal Article 92-6.429) On
the other hand, some asserted that the court violated the authority of the legislative body
through an interpretation that ignored the text of the law,430) and some raised an issue with
the ruling as ignoring the uniqueness of the military.431)
Meanwhile, the NHRCK welcomed the Supreme Court’s ruling through a statement by
the Commissioner.432) In addition, on Jun. 20, it submitted an opinion to the Constitutional
Court that this provision violates the principle of clarity, violates the soldiers' right to sexual
self-determination, privacy, and the right to equality of gay soldiers.433) Currently, several
constitutional complaints related to this provision have been submitted to the Constitutional
Court.
B) Article 92-6 of the Military Criminal Act, Right to Sexual Self-Determination,
Privacy and Freedom
Article 92-6 of the Military Criminal Act has functioned as a provision to punish sexual
acts between person of the same sex. From the legislative history, it is clear that the provision
was established to punish sexual intercourse between male homosexuals,434) and in terms of
its application, this provision was applied to heterosexual anal sex only once over a 9.5-year
427) Constitutional Court, Decided on Jul. 28, 2016, 2012HunBa258
428) Statement by the Amnesty International, Apr. 21, 2022.
429) Co-Sponsored by 12 representatives, including Rep. Jang, Hye-won, Bill No. 2115378, Apr. 22, 2022.
430) Law Times, “Concerns Over Judicial Judgments That Ignore the Text of the Law,” May 9, 2022.
431) Christian Times, Christian Community Strongly Condemns ‘Inability to Punish Same-Sex Intercourse in the Military,’
Apr. 22, 2022.
432) Statement of the Commissioner of NHRCK, Apr. 22, 2022.
433) NHRCK, Decided on Jun. 20, 2022, Submission of Opinion on the Constitutional Complaints Related to Article 92-6
(Indecent Act) of the Military Criminal Act.
434) Article 50 of the National Defense Security Act, enacted as the Military Government Act in 1948, stipulates “self-harm,
arson, robbery, housebreaking, robbery, theft, embezzlement, perjury, forgery of documents, adultery, and assault
for the purpose of committing a felony (omitted).” stipulated to be punished. The above words of the National
Defense Security Act are evaluated to have been directly translated from the Articles of War, in force in the US at
the time, and the relevant regulations have been revised to the current regulations.
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