Human Rights Commission: "Punishment for Consensual Same-Sex Relations Among Soldiers is Unconstitutional"… Opinion Submitted to Constitutional Court
[Asia Economy Reporter Seongpil Cho] The National Human Rights Commission of Korea (NHRCK) announced on the 25th that it has submitted an opinion to the Constitutional Court stating that the Military Criminal Act provision punishing sexual relations between same-sex soldiers is unconstitutional.
In its opinion, the NHRCK stated, "This provision violates the principle of clarity of criminal laws, which is part of the principle of legality, and infringes on soldiers' sexual self-determination rights, the secrecy and freedom of privacy, human dignity and worth, and the equality rights of homosexual soldiers." Article 92-6 of the Military Criminal Act stipulates that "Anyone who commits anal intercourse or other indecent acts against a soldier shall be punished by imprisonment for up to two years."
The NHRCK viewed that the provision violates the principle of clarity of criminal laws because it does not specifically define the subject and object of the crime, the location of the act, the degree of sexual intensity, or whether it was forced, but only uses abstract and ambiguous terms. Furthermore, after reviewing whether it violates the principle of proportionality, it judged that although the legislative purpose itself is legitimate, it is highly unreasonable and unfair for the legislator to regulate the specific forms of sexual acts, thus the 'appropriateness of means' is not recognized.
Hot Picks Today
"Stocks Are Not Taxed, but Annual Crypto Gains Over 2.5 Million Won to Be Taxed Next Year... Investors Push Back"
- "Don't Throw Away Coffee Grounds" Transformed into 'High-Grade Fuel' in Just 90 Seconds [Reading Science]
- "Am I Really in the Top 30%?" and "Worried About My Girlfriend in the Bottom 70%"... Buzz Over High Oil Price Relief Fund
- The Unexpected Story of an American Man Who Won the Lottery 18 Times in 29 Years: "My Real Luck Is My Wife"
- "Even With a 90 Million Won Salary and Bonuses, It Doesn’t Feel Like Much"... A Latecomer Rookie Who Beat 70 to 1 Odds [Scientists Are Disappearing] ③
The NHRCK pointed out, "Although it appears to use objective and neutral criteria, it results in disadvantages for groups with certain personal attributes, and no reasonable grounds to justify such differential treatment can be found." It added, "Substantively, it constitutes indirect discrimination against homosexual soldiers based on sexual orientation and contradicts the liberal democratic ideals of 'tolerance and inclusion of minorities.'"
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
