Homosexuality is legal in the Republic of Korea [South Korea] (AI July 2006; Far Eastern Economic Review 28 Oct. 2004a). However, South Korean society is reportedly "highly conservative" and "homophobic" (Gay Times n.d.; see also Utopia n.d.). Many gay Koreans do not come out of the closet because of the stigma associated with homosexuality (Gay Times n.d.; The New York Times 31 Mar. 2006; see also Yonhap English News 5 June 2006). Until a few years prior to 2006, homosexuality was rarely even discussed (The New York Times 31 Mar. 2006; AP 4 Feb. 2004).

Several sources consulted, however, indicate that a gay scene has emerged in South Korea, starting in the 1990s (ibid.; Global Gayz Apr. 2006; Gay Times n.d.; The New York Times 31 Mar. 2006). According to the Web site of Gay Times, a gay magazine published in the United Kingdom, South Korea's major cities have "active" gay scenes, with Seoul and Pusan as the main centres of the gay scene in the country (n.d.). Seoul reportedly has over 20 gay bars, a night club that caters to gay clientele, and several gay saunas (Gay Times n.d.; see also Global Gayz Apr. 2006). The city also hosts a biennial international queer film and video festival (Global Gayz Apr. 2006), as well as an annual gay pride parade, which began in 2000 (Korea Herald 23 June 2003; see also Yonhap English News 5 June 2005). Seoul National University is reportedly among the more than 30 universities across the country with gay clubs (Global Gayz n.d.).

In 2001, the South Korean government classified gay and lesbian Web sites as "harmful media," and blocked youths from accessing them (Utopia n.d.; The Gully 6 June 2003; see also US 28 Feb. 2005). In order to restrict youths from accessing the sites, the government reportedly ordered Internet cafes, public libraries, schools, government offices and other public places to block all users from gay and lesbian sites (The Gully 6 June 2003). In April 2003, following a resolution from the Korean National Human Rights Protection Committee, the government removed anti-gay language from the 1997 Youth Protection Act, which had been used to justify the blocking of the Web sites (IGLHRC 22 Apr. 2003; Utopia n.d.). In 2004, an article in the Far Eastern Economic Review noted that Daum, South Korea's largest Internet service provider, had "hundreds of gay-themed Web communities" (28 Oct. 2004b). According to the same article, the largest gay-themed Web site in the country had approximately 70,000 members. An Internet site for cross-dressers also reportedly exists, and has about 2,600 members (Yonhap News Agency 20 May 2006).

In an online description of gay life in South Korea, Global Gayz states that there has been a "recent softening toward homosexuality" (Apr. 2006). In 2000, the popular South Korean television actor Hong Suk Chon became the first well-known public figure in the country to publicly declare his homosexuality (The New York Times 31 Mar. 2006; ibid. 1 Oct. 2003; The Gully 6 June 2003). His declaration resulted in him being fired (ibid.; The New York Times 31 Mar. 2006); however, The New York Times reports that, in 2003, "in a sign of changing attitudes, [Hong] began a successful comeback" (ibid.).

In 2006, the gay-themed movie, King and the Clown, became a box-office hit in South Korea (AP 22 Sept. 2006; Yonhap English News 20 May 2006; The New York Times 31 Mar. 2006). The movie is reportedly considered by many in the country as a "taboo-breaker," and has led to public discussion of homosexuality, a topic rarely broached just a few years prior (ibid.). South Korea's Film Council has put King and the Clown forth as the country's candidate for Best Foreign Film for the American Academy Awards (AP 22 Sept. 2006).

In June 2006, South Korea's Supreme Court ruled that transsexuals who have sex change operations should be able to legally change their gender (Korea Times 23 June 2006; AP 22 June 2006; see also KBS World News 22 June 2006). According to South Korea's Yonhap English News, due to media coverage of transsexual stars, "[t]he presence of transsexuals in society no longer shocks South Koreans" (20 May 2006).

Despite reports of gay marriages occurring in South Korea, such unions are not legally recognized (Korea Herald 8 Mar. 2004). However, according to a South Korea travel report by Utopia, an Internet site of Asian lesbian and gay resources, "[r]ecent comments from the judiciary have been supportive of same-sex partnerships" (n.d.).

Military service issues

In 2005, eight soldiers were discharged from the South Korean military because of their sexuality (AP 6 Apr. 2006; Korea Times 5 Apr. 2006). Under the country's military rules, homosexuals are not allowed to serve (ibid. 17 Feb. 2006; AP 6 Apr. 2006), and have reportedly been classified as having a "personality disorder" or "behavioural disability" (AI Mar. 2004; see also Chosun Ilbo 7 Mar. 2006). Gay men in the military are thought to be vulnerable to mistreatment (Korea Times 5 Apr. 2006) including "physical and mental abuse" during their compulsory service (Sirius OutQ News 1 July 2006; see also Korea Times 17 Feb. 2006).

In 2006, there were media reports of a gay soldier being refused counselling services unless he submitted a photograph of himself having sex with a male partner as proof of his homosexuality (Sirius OutQ News 1 July 2006; Korea Times 29 June 2006; ibid. 5 Apr. 2006). According to the reports, the soldier was also forced to reveal how often he had sex with male partners and was required to undergo a blood test to verify whether he had been infected by any sexually-transmitted diseases (ibid.; ibid. 29 June 2006; Sirius OutQ News 1 July 2006).

On 1 April 2006, however, the ministry of defence reportedly introduced new regulations to protect gay soldiers in the military, including restricting the use of personal information on military documents, ending forced medical examinations and punishing those guilty of "sexuality-based physical and verbal abuse" (The Advocate 31 May 2006). According to a 31 May 2006 article by The Advocate, a United States-based gay and lesbian magazine, the ministry of defence also announced its plans "to ease or end its ban on gay soldiers." Information on the implementation of these plans or the effectiveness of the regulations introduced in April 2006 could not be found among the sources consulted by the Research Directorate.

In June 2006, South Korea's National Human Rights Commission recommended that the military make additional efforts to protect gay soldiers, including "strengthening conduct standards and introducing more education programs on human rights and sexual harassment" (Sirius OutQ News 1 July 2006; Korea Times 29 June 2006).

Legal Protection

A 6 June 2003 article in The Gully, an online gay and lesbian magazine, states that in South Korea, "no legal protection is guaranteed to queers." According to the same article, since 1995, there have been numerous reports of "police harassment of queers." Police officers have reportedly forced gay bars and saunas to make payments and have also extorted money from homosexuals by threatening to expose their sexuality to their families (The Gully 6 June 2003). The article further notes that

[a]buses are rarely reported because gay people are afraid they'll be outed and know that the authorities - from social workers and doctors to the police, churches and government agencies - are, at best, unresponsive, and at worst, themselves perpetrators of homophobic violence. (ibid.)

No corroborating or further information on the treatment of homosexuals by the authorities in South Korea could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

The Advocate [Los Angeles]. 31 May 2006. "South Korea's New Tolerance for Gay Soldiers Shocks Scholars." http://www.advocate.com/news_detail_ektid31542.asp [Accessed 10 Oct. 2006]

Amnesty International (AI). July 2006. Sexual Minorities and the Law: A World Survey. http://www.ai-lgbt.org/texts/lgbt2006.rtf [Accessed 10 Oct. 2006]

_____. March 2004. "Appeal: Lim Taehoon." (ASA 25/002/2004) http://web.amnesty.org/library/Index/ENGASA250022004?open&of=ENG-KOR [Accessed 10 Oct. 2006]

Associated Press (AP). 22 September 2006. "South Korea Picks Gay-Themed Film for Oscar Campaign." (The Advocate Web site) http://www.advocate.com/news_detail_ektid36672.asp [Accessed 10 Oct. 2006]

_____. 22 June 2006. "Korea's Top Court Recognizes Transgendered Sex." (Global Gayz Web site) http://www.globalgayz.com/korea-news03-06.html [Accessed 10 Oct. 2006]

_____. 6 April 2006. "South Korean Military to Improve Rights for Gay Soldiers." (The Advocate Web site) http://www.advocate.com/news_detail_ektid28925.asp [Accessed 10 Oct. 2006]

_____. 4 February 2004. "South Korea to Ease Regulation on Homosexuality." (Dialog)

Chosun Ilbo [Seoul]. 7 March 2006. "Military Life 'Impossible' for Gay Conscript." (Factiva)

Far Eastern Economic Review [Hong Kong]. 28 October 2004a. "Gay Asia: Gays and the Law." (Factiva)

_____. 28 October 2004b. Gordon Fairclough. "Gay Asia: Building Communities - A World of Their Own." (Factiva)

Gay Times [London]. N.d. "Lesbian and Gay South Korea." http://www.gaytimes.co.uk/gt/listings.asp?CID=548&action=ShowCountry [Accessed 10 Oct. 2006]

Global Gayz. April 2006. Richard Ammon. "Gay South Korea: A Paradigm is Shifting." http://www.globalgayz.com/g-korea.html [Accessed 10 Oct. 2006]

The Gully. 6 June 2003. Huso Yi. "Life and Death in Queer Korea: Part 3 - Civil Rights and Wrongs." http://www.thegully.com/essays/asia/030606_korea_gay_rights.html [Accessed 10 Oct. 2006]

International Gay and Lesbian Human Rights Commission (IGLHRC). 22 April 2003. "Republic of Korea: Homosexuality Removed from Classification of 'Harmful and Obscene' in Youth Protection Law." http://www.iglhrc.org/site/iglhrc/section.php?id=5&detail=421 [Accessed 10 Oct. 2006]

KBS World News [Seoul]. 22 June 2006. "Responses Mixed over Gender Ruling." (Factiva)

Korea Herald [Seoul]. 8 March 2004. Lee Joo-hee. "First Openly Gay Marriage in Korea." (Global Gayz Web site) http://www.globalgayz.com/korea-news03-06.html [Accessed 10 Oct. 2006]

_____. 23 June 2003. Iris Moon. "Showing Gay Pride, with Limits - 'Rainbow 2003' Korean Queer Festival." (Global Gayz Web site) http://www.globalgayz.com/korea-news03-06.html [Accessed 10 Oct. 2006]

Korea Times [Seoul]. 29 June 2006. Chung Ah-young. "Armed Forces Asked to Protect Gay Soldiers." (Factiva)

_____. 23 June 2006. Kim Rahn. "Milestone Supreme Court Ruling Allowing a Female-to-Male Transsexual." (Global Gayz Web site) http://www.globalgayz.com/korea-news03-06.html [Accessed 10 Oct. 2006]

_____. 5 April 2006. Jung Sung-ki. "Military to Revise Rules on Homosexuals." (Factiva)

_____. 17 February 2006. Jung Sung-ki. "8 Gay Soldiers Discharged from Military in 2005." (Factiva)

The New York Times. 31 March 2006. Norimitsu Onishi. "Gay-Themed Film Gives Closet Door a Tug." (Factiva)

_____. 1 October 2003. Norimitsu Onishi. "Korean Actor's Reality Drama: Coming Out as Gay." (Global Gayz Web site) http://www.globalgayz.com/korea-news03-06.html [Accessed 10 Oct. 2006]

Sirius OutQ News [New York]. 1 July 2006. "South Korean Commission Says Military Must Protect Gay Soldiers." (The Advocate Web site) http://www.advocate.com/news_detail_ektid33265.asp [Accessed 10 Oct. 2006]

United States. 28 February 2005. Department of State. "Republic of Korea." Country Reports on Human Rights Practices for 2004. http://www.state.gov/g/drl/rls/hrrpt/2004/41647.htm [Accessed 10 Oct. 2006]

Utopia. N.d. "Travel & Resources: Korea." http://www.utopia-asia.com/tipskor.htm [Accessed 10 Oct. 2006]

Yonhap English News [Seoul]. 20 May 2006. "S. Korea in Dilemma over Transgender Citizens." (Factiva)

_____. 5 June 2005. "Sexual Minority Call for Human Rights." (Factiva)

Internet sites, including: British Broadcasting Corporation (BBC), European Country of Origin Information Network (ecoi.net), Gay.com, Human Rights Watch (HRW), International Gay and Lesbian Association (ILGA), Office of the United Nations High Commissioner for Refugees (UNHCR), Queer Resources Directory, SodomyLaws.org, Solidarity for LGBT Human Rights of Korea, United Kingdom Home Office, United States Department of State.