Reuters.Last Thursday, in a 5-4 ruling, the court said that allowing same-sex relations between individuals could undermine military discipline and impede readiness — arguments that have been used in other countries, including the United States, to justify banning LGBTQ individuals from serving.LGBTQ activists had urged the court to overturn an “outdated and bad” law following a Supreme Court decision last year that overturned a military court’s conviction of two soldiers for a consensual same-sex relationship.The two defendants — an army lieutenant and sergeant from different units — had been charged by military prosecutors for having sex during off-duty hours at an off-base residence in 2016.Both were among nine soldiers indicted in a crackdown against gay soldiers in 2017. Both were found guilty and given suspended prison terms, which were initially upheld by the military high court before being appealed to the Supreme Court, reports The Guardian.The Supreme Court ultimately decided, in that case, that the provisions prohibiting “anal intercourse” and “any other indecent acts” between military members should not be applied to consensual sex between male service members that takes place outside military facilities during off-duty hours.The high court found that using the military criminal act to prosecute flings that meet such criteria jeopardizes the autonomy, equality, and dignity of soldiers.Unlike the United States, South Korea has compulsory military service, in which all able-bodied men between 18 and 28 must serve between 18 and 21 months.LGBTQ activists say that the use of the military criminal code to prosecute gay liaisons contributes to the stigmatization of gay soldiers, sometimes even resulting in violence and discrimination against them.Civil rights groups lamented the constitutional court’s decision.
