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🇰🇷 South Korea /Conflict & Security

Court: Transgender individuals may need hormone therapy for military exemption

From Hankyoreh · (11h ago) Korean Critical tone

Translated from Korean, summarized and contextualized by DistantNews.

TLDR

  • A South Korean court ruled against a transgender individual seeking military service exemption, stating hormone therapy is required for such exemptions.
  • The plaintiff, who identifies as a trans woman, argued the ruling ignores the reality of transgender individuals' lives and plans to appeal.
  • The ruling follows a revision to military service criteria that specifies hormone therapy as a condition for exemption, a change criticized by human rights groups.

A recent ruling by the Seoul Administrative Court has denied a transgender individual's request to cancel their military service status, a decision that has drawn sharp criticism from human rights advocates. The court upheld the military's decision to classify the plaintiff, who identifies as a trans woman, as eligible for alternative service as a social worker, based on revised physical examination guidelines.

The ruling is a judgment that ignores the reality of transgender people.

— Park Han-heeThe lawyer representing the plaintiff expressed disappointment with the court's decision, highlighting its failure to consider the individual's lived experience.

The revised guidelines, implemented in February 2024, stipulate that individuals with gender dysphoria must undergo at least six months of hormone therapy to be considered for exemption. This marks a shift from previous regulations, which allowed for re-examination or exemption based on observation and the impact of treatment on military service capability. Human rights organizations argue this change contradicts global trends, such as the World Health Organization's reclassification of gender incongruence as a condition, not a disease, and that it unfairly medicalizes gender identity.

It is difficult to recognize that there have been social or physical changes that would impede the plaintiff's alternative service.

— Seoul Administrative CourtThe court's reasoning for denying the exemption, stating the plaintiff's condition did not significantly impact their ability to perform alternative service.

The plaintiff's legal team argued that being forced to serve as a social worker while being perceived as male would subject them to significant distress and potential human rights violations. They emphasized that the ruling fails to consider the lived realities of transgender individuals. The defense, however, maintained that the revised criteria are reasonable and that any concerns about harassment during service should be addressed through institutional management and supervision. The plaintiff's side has announced their intention to appeal the decision, signaling a continued legal battle over military service and transgender rights in South Korea.

The criteria are reasonable as they classify physical grades based on changes due to hormone therapy.

— Seoul Administrative CourtThe court's justification for the revised military service regulations concerning gender dysphoria.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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