Homosexuality in South Korea

Temps de lecture : 12 minutes

Homosexuality in South Korea

13.09.2020

Written by Dylan Gueffier 
Translated by Julie Penverne

On June 29, 2020, the Justice Party, a progressive party in South Korea, once again proposed to the Gukhoe (South Korean National Assembly) a law to prohibit all forms of discrimination, including sexual harassment^[1]Jung Da-min, Anti-discrimination law back on table at National Assembly, Korea Times, July 2020, Available at : https://www.koreatimes.co.kr/www/nation/2020/07/356_292216.html . This law would notably address discrimination against homosexual people^[2]Amnesty International, South Korea: new anti-discrimination bill offers hope and safety to many, July 2020, Available at : … Continue reading. According to the law, any offender could face a fine of 10 million won (about 7000€, September 2020) or one year in prison^[3]Jung Da-min, Anti-discrimination law back on table at National Assembly, Korea Times, July 2020, Available at : https://www.koreatimes.co.kr/www/nation/2020/07/356_292216.html.
It is not the first time this kind of law has been proposed: it has already been introduced 6 times since 2007^[4]Jung Da-min, Anti-discrimination law back on table at National Assembly, Korea Times, July 2020, Available at : https://www.koreatimes.co.kr/www/nation/2020/07/356_292216.html. Unfortunately, attempts always end up failing, encountering fierce opposition from conservatives reflecting a rejection of homosexuality within South Korean society.

Homosexuaity in South Korea

In South Korea, it is not illegal to be homosexual or to have a relationship with a person of the same sex, except in the military. However, same-sex marriage is still not allowed, and was even rejected institutionally in 2011 when the South Korean Supreme Court reiterated its illegality^[5]Stonewall, Stonewall global workplace briefings 2018 : South Korea, 2018, Available at : https://www.stonewall.org.uk/system/files/south_korea_global_workplace_briefing_2018.pdf. Same-sex couples are not recognised as such by law, and thus are not allowed to adopt children^[6]Stonewall, Stonewall global workplace briefings 2018 : South Korea, 2018, Available at : https://www.stonewall.org.uk/system/files/south_korea_global_workplace_briefing_2018.pdf. These rights provided in the South Korean constitution^[7]Digithèque MJP, Republic of Korea (South) Constitution of February 25, 1988, Available at : https://mjp.univ-perp.fr/constit/kr1988.htm for heterosexual couples as well as the right to seek happiness leave a part of the population out of the picture. While the National Human Rights Commission of Korea^[8]https://www.humanrights.go.kr/site/main/index002 can receive testimonies and complaints related to homophobic discrimination, it can only make recommendations and has no power to impose legal constraints^[9]Ock Hyun-ju, [Election 2017] Gay rights neglected on Korea campaign trail, The Korea Herald, April 2017, Available at : http://www.koreaherald.com/view.php?ud=20170426000830 .

This institutional discrimination has its roots in a Korean Confucianist and religious society. These influences can be seen in the difference in treatment between a person outside the family and a member of the family. In traditional Confucian society, male children are of paramount importance in the perpetuation of lineage. Having a homosexual son who cannot have children therefore implies extinction. In 2019, according to a survey conducted by Macromill Embrain, South Koreans are revealed less tolerant of a potentially homosexual family member^[10]Timothy S. Rich & Isabel Eliassen, What’s behind South Korea’s persistent LGBT intolerance ?, March 2019, The Diplomat, Available at : … Continue reading. Moreover, the acceptance rate of homosexuals in South Korea is one of the lowest in the OECD, especially when compared to its Japanese neighbor, whose society is also of Confucian influence^[11]OCDE, LGBTI inclusiveness, 2017, Available at : https://www.oecd.org/fr/els/soc/lgbti.htm.

Although only a minority of the Korean population claim to belong to a religion, religion remains diverse (Protestants, Catholics, Buddhists…) with a Protestant majority^[12]Korea.net, Religion, 2015, Available at : http://www.korea.net/AboutKorea/Korean-Life/Religion. Nevertheless, religious groups play a major role in the rejection of homosexuality: they fiercely oppose demonstrations such as Gay Pride or Queer Culture festivals^[13]Queer Culture Festivals are gatherings with a focus on the LGBT community. During these gatherings, it is possible to participate in parades but also to watch films with themes related to the LGBT … Continue reading to the point of organizing counter-demonstrations^[14]Ock Hyun-ju, Permission sought to hold queer festival in South Gyeongsang province on Nov.30, The Korea Herald, November 2019, Available at : … Continue reading which sometimes degenerate into conflict between participants. This was the case in 2018 during the Queer Culture festival in the city of Incheon, where the demonstration was disrupted by some 1,000 anti-LGBT demonstrators lying down in front of the procession or being violent towards the participants^[15]Jenna Gibson, Anti-LGBT protesters derail Incheon’s first-ever Queer Culture festival, The Diplomat, September 2018, Available at: … Continue reading. They also put pressure on South Korean political life: Protestant groups oppose the passage of an anti-discrimination law on the grounds of incompatibility with the teachings of the Bible^[16]Kim Arin, “Legislate against discrimination”, human rights body urges lawmakers, The Korea Herald, June 2020, Available at : http://www.koreaherald.com/view.php?ud=20200630000900&ACE_SEARCH=1.

Religious institutions are not the only ones fighting homosexuality in South Korea: the army also has its share of discrimination and humiliation towards the homosexual community. First of all, it is important to remember that South Korea is technically still at war with its northern neighbor. Consequently, military service in South Korea is compulsory and lasts about two years depending on the assignment^[17]Bonjour Corée, Le service militaire en Corée du Sud, Available at : … Continue reading. This poses a rea
l problem for homosexuals as they must be extremely cautious or face formal and informal sanctions. With regard to formal sanctions, Article 92-6 of the Army Criminality Act punishes all sexual relations with a person of the same sex with two years in prison, even if only one of them is a soldier^[18]James Griffiths, Jake Kwon & Paula Hancoks, Gay and trans soldiers say they were abused in South Korean military, CNN, June 2019, Available at : … Continue reading. With regard to informal sanctions, homosexuals are victims of physical violence, sexual abuse and are often forced to commit degrading acts^[19]James Griffiths, Jake Kwon & Paula Hancoks, Gay and trans soldiers say they were abused in South Korean military, CNN, June 2019, Available at : … Continue reading. The army’s behavior towards homosexuals helps to anchor the idea that they are perverted individuals. This legitimizes the violence that takes place, within the military institution and within society itself when conscripts finish their service.

The mandatory passage from military service can severely affect the mental health of homosexuals. The rate of suicidal thoughts in the male homosexual community is much higher than that of the general population: 32.3% and 3.9% respectivel^[20]Cho Byonghee & Sohn Aeree, How do sexual identity, and coming out affect stress, depression, and suicidal ideation and attempts among men who have sex with men in South Korea ?, ScienceDirect, … Continue reading. A study conducted in 2019 by the Chingusai association^[21]Association promoting the rights of homosexual people in South Korea, working for the protection against discrimination and organizing events within the LGBT community. It also offers counseling for … Continue reading revealed that 45% of LGBT people under the age of 18 had attempted suicide and 53% had mutilated their bodies^[22]Jacob Ogles, Nearly half of South Korean LGBTQ youth attempt suicide, Advocate, September 2019, Available at : … Continue reading. These edifying figures are the result of the intense pressure on homosexuals in South Korea.

This pressure is not only exerted by military and religious institutions, but is also rooted in society and the corporate world. In South Korea, due to the lack of anti-discrimination laws, homosexuality is considered a valid ground for dismissal. In a BBC article published in September 2019, a young homosexual man testifies to the evening when a colleague denounced him at a company dinner. Immediately fired, he was also banned from the restaurant in order for him “not to spread his homosexuality”^[23]BBBC, Gay in South Korea: “She said I don’t need a son like you”, September 2019, Available at : https://www.bbc.com/news/world-asia-49751410. His mother was informed of this and made several attempts to involve the young man in conversion therapies^[24]Lily Wakefield, Man fired and made homeless for being gay in South Korea, Pink news, September 2019, Available at : … Continue reading. This testimony reflects the weight of a conservative society that blocks all attempts at progress while violently demeaning sexual minorities.

Finally, reflecting the image of South Korean society, the political actors proposing equal rights for homosexuals remain too few in number. The two main parties in South Korea have not expressed a desire to work towards improving the situation of the gay community. The conservative Saenuri Party (now United Future Party), from which deposed former president Park Geun-hye, who is now in prison, emerged, has no plans to address discrimination against homosexuals. In April, during a debate between the Democratic and Conservative parties, the candidate of the United Future Party expressed his “opposition” to the issue of the homosexual community^[25]Jung Dae-min, Rival candidates slammed for “biased” views on homosexuality, Korea Times, April 2020, Available at : https://www.koreatimes.co.kr/www/nation/2020/04/356_287561.html.

The Democratic Party, the party of current President Moon Jae-in, also appears not to be committed to advancing the rights of homosexuals when it is associated with progressivism and liberalism. These notions actually come from the party’s position on the policy to be carried out towards North Korea, Moon Jae-in having made a career as a human rights lawyer and having participated actively in the policy of rapprochement with the North (Sunshine policy)^[26]Michael Ray, Moon Jae-In, Britannica, Available at : https://www.britannica.com/biography/Moon-Jae-In. During a debate in 2017, the current South Korean president declared his “opposition to homosexuals” ^[27]South China Morning Post, South Korean presidential front runner Moon Jae-in says he opposes homosexuality, April 2017, Available at : … Continue reading, which did not fail to shock the LGBT community that supported him^[28]Kim Se-jeong, Activist accuses Moon of hate speech, Korea Times, May 2017, Available at : http://www.koreatimes.co.kr/www/nation/2017/05/371_228753.html. While Democratic Party activists argue for an electoral strategy in a conservative society, the president’s timid remarks on the situation of homosexuals^[29]Elizabeth Shim, Moon Jae-in : Anti-LGBT discrimination not acceptable in South Korea, October 2019, UPI, Available at : … Continue reading or the clarification of his remarks after the debate^[30]Isabella Steger, Being a progressive politician in Korea doesn’t stop you from being homophobic, Quartz, April 2017, Available at : … Continue reading raises questions about his intention to address homophobia.

The only party openly declaring its support for sexual minorities is the Justice Party, led by its candidate Sim Sang-jeung. He wants to abolish discrimination in the military and legalize same-sex marriage.^[31]Ock Hyun-ju, [Election 2017] Gay rights neglected on Korea campaign trail, The Korea Herald, April 2017, Available at : http://www.koreaherald.com/view.php?ud=20170426000830 .

The homosexual community and Covid-19

Since the beginning of the health crisis, South Korea has applied what is considered an exemplary method to limit the spread of the virus. It is important, first of all, to point out that the S
outh Korean government has been prepared since the SARS^[32]Severe Acute Respiratory Syndrome epidemic in 2002, and then the MERS^[33]Middle-East respiratory syndrome coronavirus epidemic in 2015^[34]Derek Thompson, What’s behind South Korea’s COVID-19 exceptionalism ?, The Atlantic, May 2020, Available at : https://www.theatlantic.com/ideas/archive/2020/05/whats-south-koreas-secret/611215/. These past experiences have improved prevention in the case of new pandemics such as the Covid-19 pandemic and have led to a total overhaul of health crisis management. This overhaul includes, in particular, a national day of crisis simulation exercises every year^[35]France Info, France Info, #EtAprès. Ce que le système de gestion de crise en Corée du Sud peut nous apprendre face à des épreuves comme le coronavirus, April 2020, Available at : … Continue reading. South Korea quickly set up hundreds of testing stations throughout the country, allowing any citizen to be screened and, in case of infection, to be isolated^[36]Mark Zastrow, How South Korea prevented a coronavirus disaster – and why the battle isn’t over, National Geographic, May 2020, Available at : … Continue reading. One of the most prominent methods used by South Korea to combat the virus is the government’s use of digital data. The government has used data provided by various companies as well as GPS information from the population’s smartphones to track the movements of infected people^[37]Keren Landman, What we can learn from South Korea’s coronavirus response, Elemental, June 2020, Available at : … Continue reading. These methods have proven to be effective in reducing Covid-19 infections in the country. However, the country has been experiencing a second wave of infections since the months of April and May^[38]Government of South Korea : http://ncov.mohw.go.kr/en/.

In early May, during a partial lifting of social distancing measures, new infections were detected originating in several clubs in Seoul’s Itaewon neighborhood, known for its nightlife and vibrancy within the South Korean LGBT community. This event, widely reported by the press, did not fail to rekindle homophobia throughout the country. The most virulent form took place on the internet where many hateful comments targeted homosexual people in degrading videos comparing them to animals^[39]Morten Soendergaard Larsen, Coronavirus resurgence in South Korea reignites homophobia, Foreign Policy, May 2020, Available at : … Continue reading. This hateful speech also echoes an old prejudice that has a hard life in South Korea: homosexuals are carriers and transmit the AIDS virus. Other homophobic actions also include the live outing^[40]“Révélation par un tiers de l’homosexualité d’une personne, sans l’accord préalable de celle-ci.” Larousse, Available at : https://www.larousse.fr/dictionnaires/francais/outing/10910084 by infiltrated youtubers on dating applications for homosexuals^[41]Nemo Kim, Anti-gay backlash feared in South Korea after coronavirus media reports, The Guardian, May 2020, Available at : … Continue reading.

This discrimination is all the more dangerous in times of pandemic. Homosexual people who suffer discrimination, hate speech and live in fear of being “outed” and losing their jobs, their apartments and their loved ones have every reason not to declare that they have been to these clubs. In fact, the process of identifying contaminations includes all persons who have been in contact with the infected person: family, friends, colleagues, clients, etc. leading to a forced outing^[42]Timothy Gitzen, Tracing homophobia in South Korea’s coronavirus surveillance program, The Conversation, June 2020, Available at : … Continue reading ^] that could be harmful to the person concerned. This lack of information, which is a direct consequence of the homophobia present in South Korea, endangers the entire society, leading to the formation of new outbreaks of infection^[43]Kim Bo-gyung, Authorities warn against homophobia hindering virus containment efforts, The Korea Herald, May 2020, Available at : http://www.koreaherald.com/view.php?ud=20200511000739&ACE_SEARCH=1. Indeed, a few days after the news hit the headlines, the government estimated that of the nearly 5,500 people potentially infected, about 2,500 had not been tested^[44]Steven Borowiec, How South Korea’s nightclub outbreak is shining an unwelcome spotlight on the LGBTQ community, Time, May 2020, Available at : … Continue reading.

While South Korean society’s behavior toward homosexuals hindered the authorities in their fight against infection, the media also played a major role in stigmatizing homosexuality following the Itaewon outbreak. The media, particularly the Christian-influenced newspaper Kookmin Ilbo, did not refrain from stating in its headlines that the contamination had taken place in a gay nightclub^[45]Ock Hyun-ju, Korean media’s focus on “gay” club in COVID-19 case further stigmatizes LGBT people, The Korea Herald, May 2020, Available at : … Continue reading, fuelling the rejection of homosexuality by the general public. The South Korean government had to intervene to warn against revealing the identity of those potentially infected because it could harm them. In addition, such revelations are subject to sanctions^[46]Neha Banka, Explained : Why South Korea’s new Covid-19 outbreak has the LGBTQ communtiy worried, The Indian Express, May 2020, Available at : … Continue reading. Protestant religious groups have been quick to accuse homosexuals of spreading Covid-19 as they would spread AIDS, while two outbreaks of infection have affected religious gatherings^[47]Yonhap News, Over 700 linked to Sarang Jeil church test pos
itive for COVID-19, August 2020, Available at : http://world.kbs.co.kr/service/news_view.htm?lang=e&Seq_Code=155721 and these groups do not hesitate to disregard protective measures to gather and protest against the government^[48]Josh Smith & Cha Sang-mi, South Korea COVID-19 infections ‘in full swing’ after protest outbreak, Reuters, August 2020, Available at : … Continue reading.

How to improve the current situation?

The behavior of South Korean society toward homosexuals can be linked to a more global phenomenon in the country: difference is often synonymous with discrimination. This is the case for the LGBT community but also for the feminist cause often considered as “radical “^[49]Salomé Grouard, En Corée du Sud, le combat féministe post-#MeToo, Slate, July 2020, Available at : … Continue reading. South Korean society puts the common interest before individualism and difference has little room to express itself. The notions of group and belonging to a group are thus well established and the slightest difference can become a ground for exclusion^[50]Sébastien Falletti, Corée du Sud : immersion dans une société pétrie de confucianisme, Géo, April 2019, Available at : … Continue reading.

Although the construction of South Korean society is quite different from its Western version and offers many advantages, it is clear that it can sometimes turn against itself when it causes difference-related anxiety. This is the case for the contaminations in the gay clubs of Seoul and the discrimination that followed, making the work of the government more difficult.

The formation of sexual minority rights groups is important in changing social attitudes. Active groups such as Chingusai^[51]https://chingusai.net/xe/Introduction, HaengSeongIn^[52]http://lgbtpride.or.kr/xe/index.php?mid=sub13 or Dding dong^[53]https://www.ddingdong.kr/xe/notice/2013 are essential to bringing the LGBT community to the forefront. They enable them to organize themselves to influence the country’s policy, notably by supporting legislative proposals aimed at reducing discrimination^[54]Choi Ji-won, Sexual minorities, activists call for legalization of gay marriage, The Korea Herald, November 2019, Available at : http://www.koreaherald.com/view.php?ud=20191113000798&ACE_SEARCH=1. They also play a key role in organizing events such as Queer Culture festivals. They thus allow them to play the role of a platform of support for sexual minorities and that of promoter in the sense that they make visible the demands of people belonging to the LGBT community.

Greater political representation would also provide access to fundamental rights for the homosexual community. The Justice Party openly brings the demands of the LGBT community into the political arena on its own. A popularization of the debate around homosexuality could lead to more openly claimed political support. Although President Moon Jae-in addresses this issue sporadically, the demands of homosexuals still lack real support. The enactment of the anti-discrimination law demanded by homosexuals and rejected seven times under pressure from religious conservatives^[55]Jung Da-min, Anti-discrimination law back on table at National Assembly, The Korea Times, July 2020, Available at : https://www.koreatimes.co.kr/www/nation/2020/07/356_292216.html would be a first major step in this direction. It is once again topical: proposed by the Justice Party, it would need the support of the Democrats of Moon Jae-in’s party, but the president refuses to comment on the matter^[56]Emma Powys Maurice, Emma Powys Maurice, South Korean president remains silent amid growing pressure to enact the country’s first-ever LGBT+ protection law, Pink News, July 2020, Available at : … Continue reading.

South Korean homosexual youth also lack role models who can give them a voice other than that of the conservative clerics. While drag queens are the most represented in Korean popular culture, such as Kpop, where they appear in a clip from the famous group Girls’ Generation’s^[57]Queer asia, Overview of LGBTQ activism in South Korea, September 2017, Available at : https://queerasia.com/2017/09/15/overview-of-lgbtq-activism-in-south-korea/, the representation of homosexuality among public figures remains quite marginal. Nevertheless, some artists, such as singers Marshall Bang and Holland; film-maker and television actor Hong Seok-cheon; and singer MAMAN, openly claim their sexual orientation^[58]Kpopmap, K-pop artists who represent the LGBT community in South Korea, June 2019, Available at : https://www.kpopmap.com/kpop-artists-who-represent-the-lgbt-community-in-south-korea/. With the popularization of gay celebrities, as well as other members of the LGBT community of course, in an industry that is extremely popular among South Korean youth, the acceptance of homosexuality may well evolve positively.

The fight for equal rights is still hampered by a deeply conservative society and the struggle will continue for a long time to come. However, the perception of homosexuality is likely to improve over time. South Korean youth is much more tolerant than previous generations on the issue: 79% of 18-29 year olds believe that homosexuality should be accepted by society, compared to 23% of those over 50 years old^[59]Jacob Poushter & Nicholas Kent, The global divide on homosexuality persists, Pew Reaserch Center, June 2020, Available at : … Continue reading. Would this prelude the long-awaited enactment of anti-discrimination laws and, perhaps, the legalization of gay marriage?

To quote this publication : Dylan GUEFFIER, “Homosexuality in South Korea”, 20.09.2020, Gender in Geopolitics Institute.