LGBT rights in North Korea

Homosexuality and transgender issues are not formally addressed in the penal code. Criminal sanctions are sometimes levied against homosexuality or non-conforming gender expression deemed to be, "against the socialist lifestyle." While punishment was rare, it has been reported by The Korea Times that North Korea has executed lesbian couples for being influenced by capitalism and bringing corruption of public morals.[3]

2009 revisions of the national penal code may contain provisions that could potentially be used against LGBT people in a discriminatory manner, depending on interpretation.

Article 193 outlaws the creation, distribution or possession of "decadent" culture, where as Article 194 outlaws sexually explicit media as well as engaging in "decadent" behavior.

The Constitution of North Korea, last revised in 2012, 2013, 2016, and 2019, does not explicitly address discrimination on the basis of sexual orientation or gender identity. The Constitution does broadly guarantee its citizens many civil, cultural, economic and political rights, including "enjoy equal rights in all spheres of State and public activities".[4]

Since the 1990s, the North Korean government has been reported by Radio Free Asia to "look the other way" with regard to premarital sex and adultery, although they claim that this degree of social liberalism does not seem to apply to LGBT people.[5]

No positive depiction of LGBT people or endorsement of LGBT rights is permitted. Voice of America's Korean Service has stated that any public discussion about homosexuality is highly taboo, if not illegal.[6]

Military law mandates celibacy during the first 10 years of service for all enlistees.[1] Reportedly, male soldiers regularly break this rule, by engaging in casual heterosexual and homosexual affairs; these homosexual relationships have been described as situational sexual behavior rather than a sexual orientation.[7]

North Korea opposed both the "joint statements on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations that condemn violence and discrimination against LGBT people.[8] Its precise reasons for doing so remain unclear.

North Korean propaganda, much like the state-controlled media, almost always depicts homosexuality as a characteristic of Western (and particularly American) morality. In the short story "Snowstorm in Pyongyang" (평양에서 눈보라, published 2000), captured crewmen of the USS Pueblo implore their North Korean captors to allow them to engage in gay sex.[9]

"Captain, sir, homosexuality is how I fulfill myself as a person. Since it does no harm to your esteemed government or esteemed nation, it is unfair for Jonathan and me to be prevented from doing something that is part of our private life."
[The North Korean soldier responds,] "This is the territory of our republic, where people enjoy lives befitting human beings. On this soil none of that sort of activity will be tolerated."

— "Snowstorm in Pyongyang", 2000

In 2014, after the United Nations Human Rights Council published a report on human rights in North Korea advising a referral to the International Criminal Court, the official Korean Central News Agency responded with an article that included homophobic insults against report author Michael Kirby, who is openly gay. The KCNA's article went on to state that gay marriage "can never be found in the DPRK boasting of the sound mentality and good morals, and homosexuality has become a target of public criticism even in Western countries, too. In fact, it is ridiculous for such gay [sic] to sponsor dealing with others' human rights issue."[10][11]

Defectors have testified that most North Koreans are unaware that any sexual orientation other than heterosexual exists. Most homosexuals only realized after they defected that the idea of homosexuality exists.[12][13]

• Human rights in North Korea
• LGBT rights in Asia
• LGBT rights in South Korea