Court Orders Cancellation of Former Sergeant Byeon Hee-su's Discharge... Plaintiff Wins Verdict

"Judgment on Active Duty Suitability Should Have Been Based on Converted Female Gender"

The late Sergeant Byeon Hee-su.

[Asia Economy Reporter Choi Seok-jin, legal affairs specialist] A court ruling has declared that the military authorities' decision to discharge the late Sergeant Byeon Hee-soo, who underwent gender reassignment surgery, on grounds such as physical disability was unlawful.

On the 7th, the Administrative Division 2 of Daejeon District Court (Presiding Judge Oh Young-pyo) ruled in favor of the plaintiff in the case where the late Sergeant Byeon filed a lawsuit against the Army Chief of Staff during his lifetime, ordering "the discharge decision be canceled."

The court first determined that even though Sergeant Byeon passed away after filing the lawsuit, his bereaved family could be recognized as having plaintiff status in this case.

Previously, the Army argued that the decision to cancel the discharge belonged solely to Sergeant Byeon, so no one else could inherit plaintiff status. In contrast, the bereaved family countered that they should succeed the lawsuit as they inherited the legal rights to claim unpaid wages and other entitlements.

Meanwhile, the court concluded that considering gender reassignment surgery as a cause of intentional mental and physical disability and using it as grounds for discharge was unjust.

The court stated, "In a situation where gender transition through gender reassignment surgery is permitted, the plaintiff’s gender after surgery should be recognized as female," adding, "Since the plaintiff applied for legal gender correction immediately after surgery and reported this to the military, the assessment of mental and physical disability under the Military Personnel Act should naturally have been based on the female gender."

It continued, "Whether the transitioned female is fit for active duty should ultimately be comprehensively considered in light of the military’s unique characteristics and personnel management, the basic human rights of sexual minorities, and public opinion," and added, "Mental and physical disability does not apply as grounds for discharge in the plaintiff’s case."

Sergeant Byeon, who belonged to an army unit in northern Gyeonggi Province, underwent gender reassignment surgery abroad during leave in 2019 and returned, expressing a desire to continue service.

However, the military conducted a mandatory physical examination regarding Sergeant Byeon’s bodily changes, diagnosed a Grade 3 mental and physical disability, and decided on discharge in January last year.

Sergeant Byeon filed a personnel appeal with Army Headquarters in February last year, requesting a re-examination, but the Army rejected it, stating, "The discharge decision was lawfully made according to the mandatory review standards and discharge review procedures stipulated in the Military Personnel Act."

Subsequently, with the help of the "Joint Countermeasures Committee for the Reinstatement of Transgender Soldier Byeon Hee-soo," Sergeant Byeon filed a lawsuit to cancel the discharge decision at the Daejeon District Court, which has jurisdiction over Gyeryongdae, on August 11 last year.

However, Sergeant Byeon was found dead at home in March before the first hearing, and the bereaved family inherited plaintiff status and continued the trial.

This trial attracted significant attention throughout the proceedings as it intersected with issues of sexual minority human rights.

In July, over 4,000 citizens submitted a petition urging Sergeant Byeon’s reinstatement, and last month, 22 members of the National Assembly along with former Supreme Court justices and senior social figures expressed opinions that the discharge decision should be canceled.

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