LGBT rights in South Korea
Lesbian, gay, bisexual, and transgender (LGBT) people in South Korea face prejudice, discrimination, and other barriers to social inclusion not experienced by their heterosexual counterparts. Same-sex intercourse is legal for civilians in South Korea, but in the military, same-sex intercourse among soldiers is a crime, and all able-bodied men must complete about two years of military service under the conscript system. South Korean national law does not recognize same-sex marriage or civil unions, nor does it protect against discrimination based on sexual orientation or gender identity. Same-sex couples cannot jointly adopt, and a 2021 Human Rights Watch investigation found that LGBT students face "bullying and harassment, a lack of confidential mental health support, exclusion from school curricula, and gender identity discrimination" in South Korean schools.
LGBT rights in South Korea | |
|---|---|
South Korea | |
| Status | Legal |
| Gender identity | Transgender people allowed to change legal sex |
| Military | Same-sex intercourse is illegal in the military, punishable by up to two years in prison. |
| Discrimination protections | 15 local governments have enacted anti-discrimination policies and provisions that include sexual orientation, though not nationally |
| Family rights | |
| Recognition of relationships | No recognition of same-sex relationships |
| Adoption | No |
On LGBT rights, South Korea is an outlier among other developed democracies, according to an NBC News analysis. On the 2019 Franklin & Marshall Global Barometer of Gay Rights, OECD nations averaged a grade of B. South Korea, however, was one of only three OECD countries to earn an "F," and countries that receive an F are "persecuting" their LGBTQ+ communities, according to the report.
Homosexuality remains quite taboo in South Korean society. Homosexuality is not specifically mentioned in either the South Korean Constitution or in the Civil Penal Code, although article 2 of the National Human Rights Commission Of Korea Act includes sexual orientation as one of the protected classes. Transgender or non-binary people are excluded from military service.
Transgender people are allowed to undergo gender affirming care in South Korea after the age of 20, and can change their gender identity on official documents. Harisu is South Korea's first transgender entertainer, and in 2002 became the second person in South Korea to legally change sex.
Gay and lesbian Koreans still face difficulties at home and work, and many prefer not to reveal their sexual orientation to family, friends or co-workers out of fear of discrimination and being ostracized.
A survey by the Pew Research Center in 2023 found that a majority of South Koreans (56%) opposed same-sex marriage, falling behind countries such as Japan (where 74% support same-sex marriage) and India (where 53% support same-sex marriage).