Issue 6. Sexual Orientation and Gender Identity A. Sexual Minorities in the Military 30. In the 5th periodic report, the Government mentioned that it has taken a wide range of measures to eliminate discrimination and violence against LGBTQI soldiers in the military under the Unit Management Directive, and it has provided human rights education for military personnel that covers the rights of sexual minorities. On the contrary, there was an incident in 2020 where an army officer on active duty was forcibly discharged from military service after undergoing sex reassignment surgery (“SRS”) while on leave. Concerning this issue, the NHRCK made an interim relief decision to request the military to delay the discharge review board.25 After that, it recommended the Army Chief of Staff and the Minister of National Defense to revoke the disposition to discharge the concerned soldier and improve the system to properly treat soldiers who have SRS while in service.26 However, they did not accept the NHRCK’s recommendation. The Government has not yet adopted specific measures to improve systems for service and protection of soldiers who have SRS while on active duty. 31. The Constitutional Court rendered decisions on three occasions in 2002, 2011, and 2016, respectively that Article 92-6 (Indecent Act)27of the Military Criminal Act which penalizes same-sex sexual acts in the military was constitutional. With regard to court’s ruling, the NHRCK submitted its opinion to the court that this provision infringes upon homosexual soldiers’ right to equality, their right to sexual self-determination, and their right to privacy. Meanwhile, the Supreme Court held in April 2022 that this provision shall not be applicable to the cases where it is difficult to deem that same-sex sexual acts between soldiers constitute a direct and specific violation of the healthy life and morale of the military community, thereby imposing a restriction on the application of Article 92-6. Taking the view of the Supreme Court’s decision, the NHRCK recommended the Ministry of National Defense to add a proviso that “where sexual acts are done by mutual consent in private space, such acts shall not be subject to disciplinary action for molestation” to the Enforcement Regulations of the Ordinance on Disciplinary Action against Servicepersons during the amendment process in August 2020. However, the NHRCK’s recommendation was not accepted by the Ministry. 32. Proposed recommendation: The State party should revamp relevant laws and systems to prevent the recurrence of cases where soldiers who have SRS while in service are discharged from the military.28 33. Proposed recommendation: The State party should abolish Article 92-6 of the Military Criminal Act that infringes upon the right to equality, the right to sexual self-determination, and the right to privacy of military servicepersons, and take measures to pardon or reinstate those who were convicted pursuant to the said provision.29 8