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Earlier this year a video clip that appeared to show two military men having sex circulated on social media, sparking what seems to be a military witch hunt for gay conscripts. Two years of military service is compulsory for all able-bodied South Korean men. Most are drafted in their early 20s, and expulsion from service carries significant social stigma that can affect both their career prospects and family and community life.
Army officials say they are conducting a perfectly legal criminal investigation into soldiers accused of filming and uploading the video, invoking a discriminatory military code that prohibits consensual same-sex acts. One of the men targeted by the sweep remains in detention—under arrest on allegations of having consensual sex with another man.
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.
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.