Sergeant Byeon Hee-soo, Legally Female, Can She Re-enlist?

After undergoing gender reassignment surgery, Sergeant Byeon Hee-soo, who was forcibly discharged, shed tears and saluted after expressing her position on the military's forced discharge measures at a press conference held at the Military Human Rights Center in Mapo-gu, Seoul, on the afternoon of the 22nd of last month.
[Image source=Yonhap News]

[Asia Economy Reporter Shinwon Yoon] Former Corporal Byeon Hee-soo, who was forcibly discharged from the military for undergoing gender reassignment surgery overseas during her military service, has legally become a woman.

According to the Military Human Rights Center, a military-related human rights organization, on the 10th, Cheongju District Court accepted former Corporal Byeon Hee-soo's application to correct the gender notation in the specific registration section of her family relation register. Accordingly, former Corporal Byeon’s gender will be changed to 'female' in the family relation register, and she will participate as a woman in the personnel appeal against the Army's forced discharge measure.

The court stated the reason, "We comprehensively considered Byeon’s growth process, her decision to undergo gender reassignment surgery and the process of hormone therapy and surgery, her desire to become a soldier since childhood, her continuous treatment alongside military service, and her hope to continue serving as a female soldier in the future."

Former Corporal Byeon plans to pursue a personnel appeal and administrative lawsuit against the discharge decision to re-enlist as a female soldier. The Military Human Rights Center has already publicly recruited a legal team to assist former Corporal Byeon with the lawsuit.

The Military Human Rights Center said, "There is no reason not to allow Byeon, who has completed all gender correction procedures, to serve as a female soldier," adding, "From Byeon’s forced discharge to the controversy surrounding a transgender woman’s admission to Sookmyung Women’s University, Korean society has recently fallen into a vortex of hatred. Citizens opposing discrimination and hatred will watch closely what logic the Ministry of National Defense will present in this situation."

In response, the Army stated at the Ministry of National Defense’s regular briefing that morning regarding former Corporal Byeon’s re-enlistment, "We will review the relevant regulations," and added, "The discharge was based on a grade 3 mental and physical disability determination following a mandatory examination, not considering the gender reassignment surgery, so there is no reason to cancel the discharge."

Meanwhile, the Army decided on former Corporal Byeon’s forced discharge through the discharge review committee on the 22nd of last month. It judged that she fell under the reasons for inability to continue service according to the standards of the Military Personnel Act and related laws.

This content was produced with the assistance of AI translation services.