There are also cases of gay soldiers being sent to psychiatric wards. In 2017, article 92-6 was used to indiscriminately monitor and punish gay men in the military, a move human rights campaigners at the time called a “witch-hunt”. President Moon Jae-in – a former human rights lawyer – said prior to becoming president that he was against homosexuality and “did not like it”. While homosexuality is not illegal in South Korea, it remains taboo in a largely conservative society. The defendants’ conduct, it said, “is considered contrary to good sexual morality,” and was “seriously infringing” on the maintenance of military discipline. It interpreted that oral sex, according to the military code, “bordered on rape”. The pair’s lawyer said the act “was consensual” and therefore they were innocent. By engaging in mutual oral sex, they “molested” one another, the ruling reads. According to an eight-page ruling seen by the Guardian, in December 2020 a soldier entered another’s tent over the course of two nights at a time when they were part of a group isolating due to Covid-19.
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