Transgender personnel in the South Korean military

LGBT discriminatory laws do not exist in the South Korean government, except within the military. The South Korean military does actively discriminate against non-binary people[9] and does criminalize same-sex relations, while policies surrounding transgender rights are generally vague. Article 92 in the Korean Military Penal Code is about rape and indecent acts. Section 6 is an anti-sodomy clause that criminalizes and punishes consensual same-sex sexual relationships. The policy explains that anal intercourse is punishable by law for up to two years.[10] The government continuously defends Article 92-6 by explaining that by prohibiting indecent behavior, they are able to maintain discipline among the predominantly male military.[11] Amnesty International has lamented that Article 92-6 is viewed by the military as a "tacit permission to target LGBT people inside and outside the military."[10]

In 2005, eight soldiers were discharged for being gay. Determining who is gay and who is not is determined through doctor diagnosis and information from fellow soldiers who may have seen someone involved in same-sex sexual activities. Men who wish to evade the military because they are gay may even be asked to provide photographic evidence, an invasion of privacy.[12]

Article 92-6 does not explicitly mention transgender people. However, not all transgender people have gender reassignment surgeries (GRS). The policy would apply to gay transgender men and heterosexual transgender women who have not had gender reassignment surgeries. The extent of the policy is unknown.

Biological male conscripts' bodies are closely examined by the Military Man Power Administration. Various types of doctors and specialists from neurologists to dermatologists work together to examine men's bodies. The Draft Physical Examination in 1978, introduced "sexual perversion" and later became "gender identity disorder" to determine physical and mental disabilities. If trans people have already been examined by medical professionals, they have to provide either a court decision or their entire physical examination report thus far that proves that they are, in fact, transgender. There is emphasis on medical proof that transgender people are expected to have to validate their existence.[13]

According to Gitzen, transgender women "pose a dilemma" because they go against the conscription of men.[5] Transgender women have only two options: to gain full exemption or serve as "men". Transgender women that have not had any gender-confirmation surgeries are required to serve in the military, as men. Sexual anatomy and being able-bodied are important determining factors for conscription. When the military is faced with transitioning bodies that do not perfectly fit normalized ideas of sex and gender, they base decisions solely on anatomy.

Transgender women who have not undergone gender reassignment surgery are expected to serve and are subject to body examinations. Due to the high cost of surgeries, many trans women cannot be exempt by way of legal gender change. One way to gain exemption would be if they were diagnosed with severe gender identity disorder by a military doctor. Exemption can also be granted when there is extensive medical proof of gender identity disorder and "treatment". One other way of exemption is the irreversible orchiectomy surgery, which is the removal of the testicles, to achieve objective feminization.[14] Irreversible surgery as a method of exemption is considered unethical and a coercive act of body mutilation. Between 2012 and 2015, 104 transgender women were exempt based on "testicle loss" and only 21 transgender women were exempt from service based on gender identity disorder. The irreversible surgery tends to occur when trans women are in their early 20s, giving them little time to think and decide if that is what they actually want.[5]

Trans women serving as "men" are assigned to second eligible conscription status, also known as de facto exemption, in the military.

Transgender men who have legally changed their name are assigned to the service called second eligible conscription status, a lower ranking than their cisgender, male counterparts. This is because they are considered "disabled" and their bodies are seen as less valuable.[5] Trans men are presumed to be less masculine and not fit to serve in active duty, even if they wished to do so. Sometimes, trans men serve in the military, rather than seek exemption, to prove their masculinity.