'Forced Discharge After Gender Transition' Late Sergeant Byeon Hee-su Recognized as Fallen in the Line of Duty After 3 Years

Ministry of National Defense Central Military Casualty Review Board Decision
Overturning the Army's 2022 'Natural Death' Determination

The death of the late Corporal Byeon Hee-soo, who died by suicide after being forcibly discharged following gender reassignment surgery, has been recognized as a service-related death. This overturns the 'general death' decision made by the Army in December 2022.

The Ministry of National Defense announced that the Ministry's Central Military Service-Related Death Review Committee (hereinafter 'the Review Committee') made this decision on the 29th of last month and informed the bereaved family on the 4th. The Review Committee is an independent decision-making body within the Ministry of National Defense. The committee judged that although personal factors partially contributed to Corporal Byeon's death, the main cause was depression triggered by the unlawful forced discharge, which was ruled illegal by the court.

After the news of the death of former Sergeant Byeon Hee-soo, who was forcibly discharged after gender reassignment surgery, a memorial space for former Sergeant Byeon was set up in front of the Justice Party representative office at the National Assembly in Yeouido, Seoul. Photo by Yoon Dong-joo doso7@

Under the Military Personnel Act, there are three types of service-related deaths, and Corporal Byeon was classified as 'Service-Related Death Type 3' because she died while performing duties not directly related to national defense. Previously, in December 2022, the Army had ruled Corporal Byeon's death as a non-service-related 'general death,' stating there was no reasonable causal relationship with official duties. This decision has now been reversed after one year and four months.

The National Human Rights Commission recommended a re-examination to the Ministry of National Defense in January 2023 following the general death ruling for Corporal Byeon. If a death is recognized as service-related, the bereaved family may choose to have the deceased interred in a national cemetery, and upon passing eligibility screening, the deceased may be recognized as a national merit recipient and become eligible for veterans' pensions.

The Ministry of National Defense stated regarding the service-related death decision for Corporal Byeon, "The Central Military Service-Related Death Review Committee, an independent decision-making body, reviewed the case according to relevant laws and procedures and decided it was a service-related death, and we accept this decision." The Korea Military Human Rights Center issued a statement saying, "Corporal Byeon's death was something for which the state and military should take responsibility," and "Although it took a long and painful time to have that responsibility acknowledged, we welcome the belated service-related death decision with a heart full of longing and sorrow."

The Human Rights Commission also said in a statement, "(The Ministry of National Defense's acceptance of the recommendation) is significant in restoring Corporal Byeon's honor and advancing the human rights of transgender individuals," and "We hope the Ministry of National Defense promptly begins institutional reforms to support the military service of transgender persons."

The late Sergeant Byeon Hee-soo
Photo by Yonhap News

Byeon, who was commissioned as a short-term non-commissioned officer in 2017, underwent gender reassignment surgery in 2019. On January 23, 2020, the Army classified the physical changes resulting from the surgery as a 'Grade 3 mental and physical disability' and forcibly discharged her. Byeon filed an administrative lawsuit against the Army seeking cancellation of the forced discharge, expressing her desire to continue serving as a female soldier, but was found dead at her home on March 3, 2021, just before the first hearing.

Seven months after Byeon's death, in October 2021, the Daejeon District Court Administrative Division 2 ruled in favor of the plaintiff, stating that the determination of mental and physical disability should have been based on female standards. This ruling became final as the Army did not appeal.

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