Gay sex in South Korean Army

Human Rights Watch's Kyle Knight has written this CNN opinion piece on South Korea's crackdown on gay sex in the army. Excerpt:

South Korea does not criminalize consensual same-sex behavior among civilians, and the army prohibits anti-gay discrimination and "outing" of gay soldiers. However, the 1962 Military Criminal Act's Article 92-6 has been used to punish sexual acts between servicemen with up to two years in prison under a "disgraceful conduct" clause—regardless of consent and whether they have sex in or outside of military facilities.  

Domestic and international human rights groups have challenged the discriminatory law. But as recently as 2016, South Korea's Constitutional Court upheld the provision in a 5-4 ruling. And the government has repeatedly defended the sodomy clause—including at the United Nations—contending that banning "indecent conduct" is necessary for maintaining discipline in the predominantly-male military.

Proponents of the law—in the past and during the current uproar—have said it is necessary to leave the sodomy provision in place to protect against sexual violence, but the Military Criminal Act already contains separate prohibitions on rape and sexual molestation. 

The current crackdown demonstrates how Article 92-6 can lead to abusive, discriminatory targeting of soldiers. The government should order an investigation into allegations of abuses that have stemmed from the anti-gay sweep in the military, and begin the process of repealing the Military Criminal Act's Article 92-6.