Death of former transgender soldier reveals poor conditions for LGBTQ rights

A memorial altar for Byun Hee-soo, a 23-year-old transgender former soldier who was found dead at her home, March 3, is set up the following day by the progressive minor Justice Party at the National Assembly in Seoul. Byun had been discharged from the Army last year after her gender reassignment surgery. Courtesy of Justice Party

By Jung Da-min

The death of Byun Hee-soo, a 23-year-old transgender former soldier forced to discharge from the Army last year following her sex reassignment surgery, has reignited debates on the rights of sexual minorities here. Byun was found dead in her home in Cheongju, North Chungcheong Province, March 3, after her mental health counselor called emergency services to report that she had not been in contact since Feb. 28.

Byun had been forcibly discharged from her military duty as a noncommissioned Army officer in late January last year, three months after undergoing male-to-female gender-reassignment surgery. The Army judged that Byun's loss of male genitals belongs to the Level 3 mental and physical disability under military law, the third-highest level in the 10-tier assessment system.

She filed a petition against the Army's decision, and the Army held a personnel affairs committee session for her case in late June. The committee, however, decided the Army's earlier decision to discharge her was made legitimately according to the medical examination standards.

Byun then brought her case to court, saying she will challenge the Army's decision "to the end," for her reinstatement. As the first court argument for the case was supposed to be held next month, her sudden death was a shock to society.

A participant holds a rainbow flag symbolizing the LGBTQ community during a memorial event for the late Byun Hee-soo, at Seoul Plaza in central Seoul, March 6, three days after she was found dead in her home. Yonhap

Members of civic groups and political parties of the country's progressive bloc mourned Byun's death, holding ceremonies commemorating her courage to publicly reveal her gender identity and fight for the rights of sexual minorities. They said it is like Byun has been "murdered by society," with its intolerance, abhorrence and discrimination against sexual minorities.

The progressive minor opposition Justice Party, which has been working to establish a law that comprehensively bans all kinds of discrimination based on any reasons including gender and sexual orientation, strongly criticized the military for not accepting a recommendation by the National Human Rights Commission of Korea (NHRCK) to withdraw its earlier decision to discharge Byun. It said her gender has nothing to do with her capabilities as an Army noncommissioned officer who drives a tank.

"The fact that she was transgender had never been a problem in fulfilling her dream of living as a human and a soldier. The problem was the unjust discrimination poured out against her. Her gender had nothing to do with her job of driving a tank in an armored unit," Rep. Jang Hye-young, who is leading the party's drive to set up an anti-discrimination law, said in a party statement issued two days after Byun was found dead.

"However, the military's discriminatory views of transgender people unfairly deprived a soldier of a legitimate opportunity to show her ability."

Jang also criticized other political parties and politicians for turning away from Byun and neglecting their duties to take the lead in protecting the lives and dignity of all citizens. The lawmaker said some politicians even used the prejudice and hatred of LGBTQ people, promoted by some far-right forces, as a tool to strengthen their vested interests.

Members of the progressive minor Justice Party hold placards calling for the establishment of an anti-discrimination law that comprehensively bans all kinds of discrimination, during a meeting of the party's committee promoting rights of sexual minorities at the National Assembly in Seoul, March 5. Courtesy of Justice Party

Political heavyweights avoiding sexual minority issue

Contrary to some minor progressive political groups including the Justice Party which have worked to promote rights of sexual minorities here together with civic organizations, other major political parties and political heavyweights have kept quiet on the issue.

In the case of the ruling Democratic Party of Korea (DPK), some of the party's young members, including its Supreme Council member Park Seong-min, expressed solidarity with sexual minorities, saying they felt sorry that they could not protect Byun's dignity. But other senior members of the ruling party leadership have remained silent.

In fact, the issue of rights of sexual minorities has been a subject of debate and controversy in politics here, as even politicians of the liberal bloc have been unwilling to show their support for fear of losing votes from some Christians and those who oppose homosexuality and other sexual minorities.

LGBTQ rights have recently raised debate again, after minor opposition People's Party leader Ahn Cheol-soo, who is running in the April 7 Seoul mayoral by-election, made controversial remarks last month at a televised debate with his then-rival contender and former ruling party lawmaker Keum Tae-sup, a week before Ahn won a third-party primary against Keum.

During the debate, Keum mentioned the LGBTQ issue, saying it would be a small but significant change if a third-party candidate gets elected as Seoul mayor and takes part in the Seoul Queer Culture Festival. Keum then asked Ahn if he would be willing to participate in the queer parade in Seoul if elected mayor.

Ahn said although he opposes discrimination and violation of individual human rights, he thought the rights of those who are against the LGBTQ festival should also be respected. Keum and the Justice Party slammed Ahn for prompting hatred of the LGBTQ community.

Ahn later said he supports the freedom of gathering and demonstration for all people but he was just expressing concerns over "excessively obscene" performances by some participants during the queer festival.

Participants at the 20th Seoul Queer Culture Festival hold placards and chant slogans to call for the establishment of a comprehensive anti-discrimination law, in this June 1, 2019, photo. Korea Times file

While other Seoul mayoral candidates have yet to comment on the issue of LGBTQ rights, the main opposition People Power Party's candidate and former Seoul Mayor Oh Se-hoon had earlier been slammed for his biased views on homosexuality when he was competing in the 2020 April general election with his then-rival candidate Ko Min-jung of the DPK, who later won the election. During a televised debate with Ko, Oh said, "What is your take on the issue of homosexuality? I oppose it."

Ko had also been criticized for her "cowardly" remarks echoing President Moon Jae-in, who said earlier in a Q&A session in November 2019 on the issue of same sex marriage, "I oppose discrimination in principle, but we have yet to reach a social consensus to legalize same-sex marriage."

When Moon was then-DPK presidential candidate in 2017, he said he opposed discrimination against sexual minorities in principle but was also against homosexuality, especially within the military, during a televised debate with rival candidates.

Call for wider range of diversity

Minority rights activists say Byun's case of being discharged for undergoing gender-reassignment surgery was just one case among many in which sexual minorities suffer social discrimination caused by society's rigid attitudes on LGBTQ rights.

The Korean government is facing growing calls from home and abroad to move for changes to embrace a wider range of diversity.

In July last year, a panel of experts with the United Nations Human Rights Council sent a letter to the Korean government stating the Korean Army's decision to forcibly discharge Byun was in violation of international human rights laws that ban discrimination based on sexual identity.

Then in mid-December last year, the NHRCK also judged that the Army's decision on Byun was a violation of human rights. The commission reportedly delivered its message to the Army recommending the cancellation of its earlier decision for Byun's case.