Human Rights Commission Rules "Forced Discharge of Transgender Sergeant Byeon Hee-soo Is a Human Rights Violation"

[Asia Economy Reporter Jeong Dong-hoon] The forced discharge of an Army non-commissioned officer who underwent gender reassignment surgery during military service has been judged by the National Human Rights Commission as a human rights violation by public authority.

According to the Human Rights Commission on the 18th, the commission held the 20th plenary session on the 14th and resolved on a third-party petition case filed by the Military Human Rights Center, stating that "the discharge of former Sergeant Byeon Hee-su (22) is discrimination."

The Military Personnel Act and its enforcement regulations determine a soldier's disability based on the mental and physical disability grading table, and after review by the discharge review committee, a soldier may be retired or dismissed. Former Sergeant Byeon was given a Grade 3 disability related to the loss of male genitalia according to this grading table, resulting in a forced discharge decision.

The human rights commissioners reportedly resolved that "Former Sergeant Byeon did not suffer an accident but underwent gender reassignment surgery (sex confirmation surgery) according to gender identity, and therefore this does not fall under the concept of mental and physical disability."

The Army held a discharge review committee for former Sergeant Byeon on January 22 and decided on discharge, stating that "according to the standards of the Military Personnel Act and related laws, there is a reason that makes continued service impossible."

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