minorities, including homosexuals, were allowed to express their gender identity and sexual orientation. The provision on the punishment of homosexuality441) was also revised to punish only forced same-sex intercourse, but in 2017, all references to same-sex intercourse were deleted. With this ruling by the Supreme Court, the statutory provisions in this case do not apply to sexual acts, including anal sex between male soldiers, in a private space with the consent of the parties involved, but there is room for punishment by treating them differently from sexual acts between the opposite sex if two people mutually agree to engage in sexual acts, such as anal sex, in the public, business realm or similar situations. The public indecency (Article 245) under the Criminal Act, the desertion from military service (Article 30), and the neglect of duty (Article 35) under the Military Criminal Act already exist, and other means to establish discipline while restricting the fundamental rights less, such as disciplinary actions, are available. However, this provision excessively violates individual human rights by criminalizing anal sex between consenting soldiers. Since Korea applies the conscription system, sexual minorities, such as transgender, intersex, and non-binary people whose legal gender at birth is male, are also subjected to compulsory military service. Moreover, there will definitely be sexual minorities among officers and noncommissioned officers serving in the military. Nevertheless, male homosexuals in the military have long been ostracized. In 2009, the Ministry of National Defense established the ‘Unit Management Directives’ to prohibit discrimination on the basis of homosexuality, and advocated a non-discriminatory military culture for the sexual minorities, but in practice, there is significant lack of related policies, guidelines, and protection systems within the military. With this Supreme Court decision, there is a need to abolish Article 92-6 of the Military Criminal Act, which has unfairly restricted the basic human rights of LGBTI people in the military, and establish conditions for LGBTI people to fulfill their national defense duties without discrimination and serve in the military. 441) Art. 125. 10 U. S. C. § 925. 186