Late Byeon Hee-soo's Advertisement Published... But Advertising Regulations Still Allow Exclusion of Sexual Minorities

Memorial advertisement for the late Army Sergeant Byeon Hee-soo displayed at City Hall Station on the Seoul Subway. Photo by Joohee Kang kjh818@asiae.co.kr

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[Asia Economy Reporter Kang Joo-hee] The Seoul Metro Corporation, which had previously banned advertisements related to the late Sergeant Byeon Hee-soo of the Army who was forcibly discharged after gender reassignment surgery, has ultimately refused to accept the recommendation from the National Human Rights Commission of Korea (NHRCK) to revise the advertising regulations that could be interpreted arbitrarily. Although the corporation approved the advertisement featuring Sergeant Byeon after a seven-month delay, concerns remain that this could still suppress the freedom of expression of social minorities.

On the 23rd, the NHRCK announced that after reviewing the corporation’s recent response, it judged that the corporation did not accept the commission’s recommendation. Earlier, the NHRCK had received a complaint from the "Joint Countermeasure Committee for the Reinstatement and Rehabilitation of Sergeant Byeon" (JCC) last August, stating that their request to post an advertisement urging Sergeant Byeon’s reinstatement in the Seoul subway was denied due to Sergeant Byeon being a sexual minority.

At that time, the corporation’s advertising review committee cited as reasons for refusal that "since the matter is currently under litigation, there is concern about interfering with the corporation’s political neutrality" and that "there is no social consensus due to conflicting opinions regarding gender identity," referencing the 'checklist evaluation form' in the advertising management regulations.

The NHRCK stated that the grounds presented by the corporation "constitute discriminatory acts against sexual minorities and infringe upon the constitutionally guaranteed freedom of expression," and recommended revising or deleting the relevant regulations to prevent arbitrary interpretation or application.

In response, the corporation replied in January that it was revising the regulations by removing the relevant item from the existing checklist and adding new items such as "Does the matter relate to disputes such as litigation?" and "Is there a risk of damaging the corporation’s neutrality and public nature?"

However, the NHRCK viewed the newly added items as potentially further restricting the freedom of expression of social minorities. If the matter is related to litigation, there is a possibility that advertisements will not be allowed regardless of their content.

The NHRCK judged that the corporation did not accept the recommendation and stated, "It is necessary to make more active efforts to ensure that the freedom of expression of social minorities, including sexual minorities, is not infringed upon."

On the 1st anniversary memorial cultural event for the late Sergeant Byeon Hee-soo held on the 27th of last month at Sinchon U-Plex Plaza in Seodaemun-gu, Seoul, attendees are paying tribute to the deceased. / Photo by Yonhap News

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Sergeant Byeon’s advertisement was only able to be displayed in subway stations on the 25th of last month, seven months after the JCC applied for its posting in August of last year. The corporation, which had twice rejected the JCC’s advertising review requests, finally approved the advertisement after the JCC submitted a third request in January.

The advertisement was displayed for one month until the 24th of this month at Itaewon Station on Seoul Subway Line 6, City Hall Station on Lines 1 and 2, and Sinchon Station on Line 2. However, since the corporation ultimately did not accept the NHRCK’s recommendation, there remains a possibility that similar incidents will recur when posting advertisements related to sexual minorities and other social minorities. The corporation has previously also rejected advertisements related to the Sewol ferry disaster memorial and feminism.

Experts pointed out that national and public institutions are misinterpreting the concept of "neutrality." Kim Ji-hak, director of the Korea Diversity Research Institute, said, "The two new items the corporation plans to add can be interpreted as meaning they will continue to do as they have done so far, with almost no difference from the existing regulations," adding, "Many government agencies, including the corporation, are distorting the concept of 'neutrality'."

He emphasized, "Neutrality does not mean 'not taking sides anywhere.' Regarding issues where social minorities face discrimination, public institutions should view the matter from the perspective of minorities, report on them, and show a stance that promotes human rights. Not taking sides with either the victim or the perpetrator just because the matter is under litigation is a misinterpretation of neutrality, and that is not neutrality but rather siding with the vested interests."

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