군형법상 추행죄에 관한 소고

For centuries, a homosexual has been discriminated. Since pro-homosexuality treated past discrimination a big issue and sued on the Court in 1950’s, not only homosexuality was adopted one of sex orientations, but also same-sex marriage was legalized. In Korea, in spite of a prohibition on discrimination based on the sex orientation was ruled on the Act of committee of Human Rights, Homophobia(i.e. fear or despise or hatred of a homosexual) was filled in our society, and also a discrimination provision on homosexuality existed too. As there is no forbidden clause on a homosexual’s service in the army on Military Service Law, a homosexual can serve in the army or serve on duty. But if a homosexual has a maladjustment in military service, he or she cannot be discharged upon his military service. That is the different things between the advanced countries and Korea. But a homosexual can not have all kinds of sex in military service. If he or she violates the Act, he or she must be punished by Military Criminal Act. Generally speaking, a homosexuality can not be punished, but only in military service a homosexuality must be punished. A new view on Harassment(Homosexuality) on Military Criminal Act need to be changed because of some reasons. One of the Constitutional Court’s verdicts is saying that a homosexual must not be treated different heterosexual. Another views are like that Sex self-determination right, privacy, a change of society reputation, the principle of excess prohibition, the right of equality, the principle of disclosure on anal sex, harassment and so on. As mentioned above, harassment(homosexuality) with mutual agreement should be decriminalized and a homosexual could be taken a disciplinary measure. If he or she has a homosexuality open and notorious, rules of punishment need to be legislated. A homosexuality with violence and threats(Sexual Harassment) should be punished by Military Criminal Act. If there is a harassment with deceptive plan or power, this criminal act should be punished by a new regulations. A related regulation with homosexuality, which can muster out a homosexual, should be revised too, Furthermore, pains experienced by a homosexual should be overcomed by institutional framework, and a kindly concern about psychological anxiety, psychological conflict should be considered.