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Watchdog Says Discharge of Transgender Soldier Violated Human Rights

Written: 2020-12-18 16:45:38Updated: 2020-12-18 16:47:40

Watchdog Says Discharge of Transgender Soldier Violated Human Rights

Photo : YONHAP News

South Korea's human rights watchdog said Friday that the Army's forced discharge of a sergeant who underwent sex reassignment surgery while in the military was a human rights infringement perpetrated by a state power.

The National Human Rights Commission of Korea said it held a plenary meeting on Monday and concluded that the Army's decision early this year not to allow then staff sergeant Byun Hee-soo continue military service as a female soldier lacked legal grounds.

The watchdog's opinion comes after a civic group called the Center for Military Human Rights Korea filed a petition, arguing the forced discharge was discrimination.

The majority of the plenary meeting participants reportedly agreed that the decision was unlawful because there is no legal basis to apply physical disability standards to transgender people. 

The Army's decision was based on the view that the loss of male genitalia constituted a Level Three physical disability under military law.

Watchdog officials also agreed that the incident did not qualify as a physical disability case as the staff sergeant did not experience an accident but received an operation due to gender identity issues.

The rights commission is expected to deliver its opinion to the defense minister and Army chief of staff and recommend a revision or correction of related regulations.

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