Court: Partial Disclosure of Investigation Materials on Same-Sex Sexual Relations Among Soldiers Within the Military

A court ruling has been made that military authorities must disclose at least part of the data related to investigations into same-sex sexual relations among soldiers within the military to the Korea Military Human Rights Center.

The Administrative Division 6-2 of the Seoul High Court (Presiding Judges Wi Gwang-ha, Hong Seong-wook, and Choi Bong-hee) ruled on the 25th in favor of the plaintiff in part in a lawsuit filed by the Korea Military Human Rights Center against the Commander of the Defense Security Command, seeking to overturn the refusal to disclose information. In the first trial, the plaintiff lost because it was argued that disclosure could hinder official duties, but in the second trial, some of the information was allowed to be confirmed.

The Army Central Investigation Unit investigated allegations of same-sex sexual relations among soldiers within the military from January to April 2017. Subsequently, in October 2019, the Korea Military Human Rights Center requested the disclosure of documents prepared by the Defense Security Command related to the investigation but was notified of a non-disclosure decision and filed an administrative lawsuit.

The Korea Military Human Rights Center argued that the investigation was an unlawful attempt by the Army to unfairly identify LGBTQ soldiers and that its illegality should be made known.

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