Transgender soldier case: South Korea’s army blocked from appealing unlawful discharge
- A court ruled earlier in October that the army discriminated against Byun Hui-su. The Justice Ministry prevented it from launching an appeal
- Byun, a tank driver, was discharged in January 2020 after the army found her gender reassignment surgery could be reason for dismissal. She died in March
The ministry, which oversees lawsuits filed by government branches, said in a statement that its decision to instruct the army not to appeal was based on legal logic as well as “constitutional spirit of respecting human dignity” and public sentiment.
The Defence Ministry said earlier this week it decided to let the army appeal in the case of former Staff Sergeant Byun Hui-su and requested the Justice Ministry to approve the filing.
That angered human rights advocates, who urged the military to accept the verdict and work out measures to guarantee service for sexual minorities.
The Defence Ministry and the army did not immediately comment on the Justice Ministry’s decision.
South Korea prohibits transgender people from joining the military but has no specific laws on what to do with those who have sex reassignment operations during their time in service.