South Korea Keeps Its Military Ban On Gay Sex

[unreal.livejournal.com]

South Korea's Constitutional Court has upheld the nation's ban on outlawing gay sex in the military, the AFP reported.

Saying that the law was necessary to maintain discipline among the ranks, the 9-member panel ruled Thursday that the law is constitutional.

“The legal code cannot be seen as discriminatory against gays because such behavior, if left unchecked, might result in subordinates being harassed by superiors in military barracks,” the court said in a statement.

Justices, however, were not unanimous in their decision, with 4 judges dissenting.

Under the ban, written in 1962, soldiers found guilty of violating the policy are locked up for up to one year and given a dishonorable discharge. South Korea's military draft makes service mandatory for all male citizens, with no conscientious objector option. And in a country where service records are commonly used to determine employment and being gay is considered “abnormal,” a military dishonorable discharge for being gay carries a heavy burden.

The Military Penal Code further punishes gay troops by lumping together consensual and non-consensual gay sex as “sexual harassment.”

South Korea's defense ministry had asked the Constitutional Court to uphold the gay ban, saying that the military “works for the public interest rather than personal happiness.”

Source: ontopmag

Comments

[miliy96.livejournal.com]

smh

[alexya-mrs-ross.livejournal.com]

so korean soldiers were getting it on? in army? oh boy

[bolingi-aii.livejournal.com]

Gays are everywhere~ lol Just Friends is such a cute movie because one of the guys went to visit his boyfriend during service and the girl he met on her way to visit her bf as well found out he was gay LOL.

[-ochre.livejournal.com]

tbh i can sort of see where this is coming from?

this is just like work. i wouldn't want my employees to have sex while working. albeit this is understandably more sensitive because it's gay sex (bc most of the people in military are male?) and thus the connotation that the state still disapproves and unacknowledges gay relationships.

[bolingi-aii.livejournal.com]

Theyre hiding their homophobia behind this whole claim of "we're trying to protect the soldiers~. Im pretty sure consenual sex is marked under sexual harrassment as well. I'm thinking this is just a way to fish out the gays in the military. If you ever saw the movie "Rainbow Eyes" one of the characters went to the military and was sexually assaulted many times throughout his service and attempted suicide. So I can defintely understand that things like this do happen irl, but Im iffy about this policy given SK's negative attitude on Homsexuals.

[worshipmeonly.livejournal.com]

Wow. I have no words.

[bolingi-aii.livejournal.com]

DADT x2? lol On one hand I can understand this, but theyre completely using safety as a way to cover up for their homophobia. I just wish countires would get over the sexual orientation of soldiers. What does their personal romantic feelings have to do with their service. If you were in a life or death situation, I doubt you'd refuse the protection of a soldier because he was gay.

I'm glad DADT was repealed.

[toomanysides.livejournal.com]

But there is no ban on military personnel just being gay?

[jyotsu.livejournal.com]

“works for the public interest rather than personal happiness.”

i wish this wasn't true.

[woohyun.livejournal.com]

...

[-ochre.livejournal.com]

I'm not sure if a victim of rape has violated any laws since he got violated. I'm supposing the rapist will be under military law and be subject to all charges and that dishonorable discharge. I hope at least. If the victim gets the punishment then it's really S M H for me.

[icedevil0289.livejournal.com]

The Military Penal Code further punishes gay troops by lumping together consensual and non-consensual gay sex as “sexual harassment.”

wait what? how is consensual sexual harrassment?

[bolingi-aii.livejournal.com]

You know what, Im thinking they wont really be able to be certain if the sex was consensual or not. Given a situation where a soldier was attacked, what if he was too scared to say that he was raped? Thats the only reason I can formulate for lumping rape and consenual sex together.

[o-o-mai-o-o.livejournal.com]

That's not cool.

[-ochre.livejournal.com]

if you're caught i guess.

as with all other crimes? you get charged only when you get caught e.g. stealing.

[bumie.livejournal.com]

[x-cor-unum-x.livejournal.com]

I agree, Timone.

[bolingi-aii.livejournal.com]

hands arent always as tight and slick~







.....but really though, I agree.

[brianathebard.livejournal.com]

idk, it kinda makes sense. But if they're going to ban gay sex they should ban all forms of sex in the military :/

[bolingi-aii.livejournal.com]

There are only men in the military, so gay sex is the only sex lol.

[queen-eddie.livejournal.com]

Why dont they just ban soliders from having any sex (but with their hand) for the length of service. That way it is fair for everyone.

[bolingi-aii.livejournal.com]

Maybe they dont want to raise the topic of gays or gay relationship within the military. So lumping is all together saves them from having to address the issues.

[bolingi-aii.livejournal.com]

I wonder how the real SK military is. I've always seem it from the perspective from an idol and if I remember correctly most of them end up getting desk jobs and dont really seem too "involved" in standard/stereotypical miliatry life. I wonder if any of them have seen these acts of consensual or nonconsensual sex.

[jeit91.livejournal.com]

looks like it's just you and your hands from now on guys...
SK. idek sometimes

[bolingi-aii.livejournal.com]

not if heechul was there :) Joke...but Im pretty sure they'd rough him up, sadly :(

[jetaime-pyon.livejournal.com]

gay or straight, there should be no sex/love while you are in service. work is work, and if you are too busy distracting yourself with emotional matters, it only gets in the way of things.

[loverboy.livejournal.com]

ikr. They shouldn't be friends with anyone either. Can you imagine how distracted they would be?

[formosanus.livejournal.com]

smh at some of the comments in this post

[bolingi-aii.livejournal.com]

tell us how you feel

[regnsky.livejournal.com]

Anyone seen the Korean short movie Just Friends? It's about a gay man who visit his boyfriend when on leave. It was really sweet

[bolingi-aii.livejournal.com]

loved it! just recced it a few comments ago..or on the prvious page. I hope there is a sequel, seoki is supposed to be doing his service next lol

[smilecheers.livejournal.com]

Ooh, this is interesting because I just learned about the Sacred Band of Thebes which was a special force composed of gay couples. They figured that soldiers would fight better in battle if their lovers were present. It made Thebes one of the most power city-states for a time in ancient Greece.

Lol, just a random tidbit of history.

[bolingi-aii.livejournal.com]

OMG AMAZING AND INTERESTING! :)

where did you read about this and could you please tell me more? History, especially sekrit~ history is my weakness.

[rurutia88.livejournal.com]

cuz South Korea is full of homosexuals in denial..lol

[bolingi-aii.livejournal.com]

hmm I dont understand what you mean?

[gumdrop-showers.livejournal.com]

Wtf?

[mistyx.livejournal.com]

I can see where they are coming from to a certain extent but the way its worded and the whole consensual/non-consensual sex being lumped together is a bit mind boggling. And then when you take into account how S.Korea feels about homosexuality in general it just makes me side-eye the decision a bit.

Oh and people above talking about 'Just Friends'. I love that movie! It was the first thing on the road to discovering all things Korean for me :)

[bolingi-aii.livejournal.com]

Thats what I had a problem with too, but if you think about how would you really know who was having sex happily and who was being raped and afraid to say otherwise? Its like the no violence policy they have at schools. Its going to be punished if they see it happening. Though they shouldnt punish the victim of rape, they werent to clear about that in the article.

They just make it a gay issue, thats what bugs me. There are women there too, Im sure the same things goes on with the heterosexuals in the military. Dont ban gay sex acts, ban sex in general.

yes that movie is amazing! :))