‘Sex Change Byeon Sergeant’ Will the Military Accept Him Again?

[Image source=Yonhap News]

[Asia Economy Reporter Yang Nak-gyu] The decision on whether to cancel the "forced discharge" of Byeon Hee-soo (22), a former Army sergeant who underwent gender reassignment surgery from male to female, will be made on the afternoon of the 29th. After the Army issued a "Grade 3 mental and physical disability" assessment and decided on forced discharge on January 22, Byeon filed a personnel appeal with the Army Headquarters requesting a re-examination.

According to military officials on the day, the Army Personnel Appeal Review Committee will hold a personnel appeal hearing for former Sergeant Byeon at 3 p.m. at the Army Headquarters in Gyeryongdae, Chungnam. A personnel appeal is a system that allows a review to be requested when unfavorable personnel actions such as discharge are deemed unfair. Since personnel actions can be canceled, discharge can also be revoked.

Byeon, who served in a unit in the northern Gyeonggi region, underwent gender reassignment surgery overseas during leave last year and returned hoping to "continue service." However, the Army immediately conducted a medical examination regarding Byeon's physical changes after the surgery, issued a "Grade 3 mental and physical disability" assessment, and decided on forced discharge on January 22. Subsequently, in February, Byeon filed a personnel appeal with the Army Headquarters requesting a re-examination of the discharge decision.

The Appeal Review Committee is composed of 5 to 9 members chaired by a colonel, including one external member who is a civilian court judge. If the appeal is deemed invalid or without grounds, the request is dismissed; however, if grounds are recognized, the committee can order the Chief of Staff of the Army to cancel or amend the personnel action. The final decision on whether to cancel the discharge will be communicated to former Sergeant Byeon within 15 days after the hearing.

If this appeal is accepted, it will not only restore Byeon's active duty status but also become the first case to overturn the military's judgment classifying transgender individuals as "mentally and physically disabled." However, considering the practical "barriers," such as the military's classification of transgender personnel as disabled across branches, cautious predictions suggest that acceptance may not be easy. Those who file appeals can file administrative lawsuits if they disagree with the personnel appeal results. Byeon has already stated at the time of submitting the appeal that she would file an administrative lawsuit depending on the committee's decision.

Meanwhile, in principle, the Enforcement Decree of the Military Personnel Act stipulates that a decision must be made within 30 days from the date the appeal is received, but it can be delayed in special circumstances. In Byeon's case, it is known that the appeal review was somewhat delayed due to reasons such as the novel coronavirus infection (COVID-19).

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