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An online petition demanding the acquittal and release of an Army captain arrested in an operation to track down gay soldiers

Over 40,000 people in six days signed a petition demanding the acquittal and release of an Army captain arrested in an operation to track down gay soldiers.

The captain, identified by the initial “K,” is awaiting sentence on May 24. Prosecutors have demanded a sentence of two years in prison.

The Center for Military Human Rights, Korea (MHRK) announced on May 22 that a final total of 40,605 people had added their names to a court petition for K‘s release as of that afternoon. A legal support fund of 26.21 million won (US$23,400) was also raised with contributions from 1,282 people.

MHRK began the petition the day military prosecutors moved on May 16 to request a two-year sentence against K on charges of violating Article 92-6 of the Military Criminal Act. The article in question states, “A person who commits sodomy or other disgraceful conduct shall be punished by imprisonment with prison labor for not more than two years.”

In a May 19 press release titled “The Court Must Make the Right Decision on Captain K,” Justice Party lawmaker Lee Jung-min called on all National Assembly members to join in a petition on K’s behalf.

“Article 92-6 of the Military Criminal Act punished the mere sexual orientation of homosexuality,” Lee said, noting the UN Committee on Economic, Social and Cultural Rights “requested in 2015 that the Republic of Korea government abolish this provision.”

MHRK cited the prosecutors’ own charges in noting that K had never distributed videos of his sexual acts, all of which were consensual and took place in private settings such as his home. Because the other individual belonged to a different unit, they were not in a relationship of superior and subordinate.

“Love should not be a crime. Captain K did nothing to damage military discipline,” MHRK said in calling for participation in the petition.

“Please join us in the petition to acquit and free Captain K to preserve the conscience of judicial officers in a case marked by improper hunting and illegal investigation tactics,” it urged.

K was arrested on Apr. 13 while traveling on business and placed under detention on Apr. 17. In a press conference, MHRK claimed a cyber investigation team under the Army’s central investigation group, acting on orders from Army Chief of Staff Gen. Jang Jun-kyu to track down gay soldiers, had obtained the identities of 40 to 50 through a coercive investigation of all units in February and March.

The Army headquarters countered that it had “ascertained that Gen. Jang never issued those orders.”

“The investigation was carried out after it was learned that a video posted to social media showed a currently serving soldier engaged in sexual intercourse with a soldier of the same sex. Human rights and personal information have been protected, and legal procedures have been abided by,” it added.

By Park Su-ji, staff reporter

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