The Application of the American Experience on the Decriminalization of Homosexuality to South Korea

In most of Nordic and Western Europe, homosexuals legally enjoy almost the same social standing as heterosexuals. Likewise, a gradual improvement for equality of homosexuals has been made worldwide, undergoing many changes in our society for a long time. Recently, the United States has also made tremendous progress to protect the rights of homosexuals, and finally joined in the global trend toward recognition of same-sex marriage. Contrary to the strong public support for homosexuality in the United States, in South Korea, there is still little debate concerning same-sex marriage issues, and even consensual homosexual conducts are sometimes subject to punishment. Korean society has just recognized the existence of homosexuals through its mass media outlets, and thus has recently started discussions of homosexuality in both the legal system and in the public arena. Even, in 2008Hun-Ga21, the Constitutional Court of Korea upheld the constitutionality of Article 92 Section 6 of the Military Criminal Law punishing homosexuality in the military. Owing to this decision, law-abiding citizens have maintained a biased view of homosexuals. Thus, this paper applies the American experience on the decriminalization of homosexuality to South Korea with an emphasis on the 2008Hun-Ga21 case.