'Forced Discharge for Gender Transition' Late Corporal Byeon Hee-su Buried at Daejeon National Cemetery
by Jang Heejun
Published 05 Jun.2024 19:01(KST)
Ministry of Patriots and Veterans Affairs: "Burial Eligibility Confirmed by Ministry of National Defense's Recognition of Line-of-Duty Death"
Forced Discharge After Gender Transition in 2019... Passed Away During Ongoing Lawsuit
Former Corporal Byeon Hee-su, who was forcibly discharged after gender reassignment surgery and later passed away, will be buried at the National Daejeon National Cemetery.
A representative from the Ministry of Patriots and Veterans Affairs stated on the 5th, "The Ministry of National Defense Central Military Service and Sacrifice Review Committee recognized Corporal Byeon's death as service-related in March, granting eligibility for burial." They added, "After conducting background checks, it was concluded that there were no disqualifications for burial at the Daejeon National Cemetery." The representative also said, "The family of Corporal Byeon was informed that burial at the Daejeon National Cemetery was possible, and the family is currently coordinating the relocation procedures with the cemetery authorities."
Former Corporal Byeon underwent gender reassignment surgery in 2019. The following year, the Army classified the physical changes resulting from the surgery as a 'mental and physical disability' and issued a forced discharge. Byeon filed an administrative lawsuit against the Army seeking to cancel the forced discharge, but was found dead at home in March 2021, just before the first hearing.
Seven months after his 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. The ruling became final as the Army did not appeal.
In December 2022, the Army Ordinary Military Service and Sacrifice Review Committee classified Byeon's death as a natural death, stating that "there was no reasonable causal relationship between Byeon's death and official duties." However, in January 2023, the National Human Rights Commission recommended a reexamination to the Ministry of National Defense. Consequently, the Ministry of National Defense Central Military Service and Sacrifice Review Committee recognized the death as service-related in March of this year.
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