Rights groups have long lamented what they called the “archaic and discriminatory” military code and a pervasive stigmatization faced by L.G.B.T.I. The court has ruled the law constitutional three times since 2002 and it is deliberating on the question for a fourth time. Lim Tae-hoon, head of the Seoul-based Center for Military Human Rights Korea, urged the country’s Constitutional Court to follow up by ruling the military code that outlaws gay sex unconstitutional. “The criminalization of consensual same-sex sexual acts in South Korea’s military has long been a shocking violation of human rights, but today’s ruling should pave the way for military personnel to freely live their lives without the threat of prosecution.” people in South Korea,” said Boram Jang, Amnesty International’s East Asia researcher, in an emailed statement. “This groundbreaking decision is an important triumph in the fight against discrimination faced by L.G.B.T.I. Human rights groups hailed the verdict, calling it “a major step forward” or “a huge victory” for the rights of lesbian, gay, bisexual, transgender and intersex people. Punishing the two soldiers for this violated “their sexual autonomy” and “the constitutionally guaranteed right to equality and human dignity, as well as their right to pursue happiness,” the top court said on Thursday, sending the case back to a lower military court.
