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