hankyoreh

A protester in a military uniform participates in an “Arrest me

A soldier referred for military trial after investigation on charges of having sexual relations with another soldier male soldier has been found guilty in his first trial.

The soldier is the first to be convicted among around 20 gay soldiers delivered to military prosecutors by the Army’s central investigation division after recent booking on the same charge. His may be the first of many guilty verdicts against gay soldiers by military courts in the near future.

The Army General Court-Martial sentenced the soldier, a 28-year-old captain surnamed Lee, to six years in prison suspended for one year on May 24 on charges of violating Article 92-6 of the Military Criminal Act.

“The court acknowledges that [Lee] had sexual intercourse with a soldier of the same sex,” the court said in its ruling.

In its ruling, the court rejected the argument of Lee, who acknowledged that he had engaged in sexual intercourse with another male soldier but said that the act was consensual and took place in a private setting. Article 92-6 of the Military Criminal Act states that a soldier, civilian employee of the military, or military school cadet “who commits sodomy or other disgraceful conduct shall be punished by imprisonment with prison labor for not more than two years.”

Lee was one of around 20 soldiers referred to military prosecutors by the central investigation team in an investigation since February. Last month, the Center for Military Human Rights, Korea (MHRK) claimed that the Army was conducting an investigation to track down gay soldiers on orders from Army Chief of Staff Gen. Jang Jun-kyu. Army headquarters disputed the claims, saying that 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” and that “legal procedures have been abided by.”

The fact that Lee was not involved in distributing any video has fanned a growing controversy over what many see as a witch hunt against gay people in the military.

“This is a case where a soldier a few days away from discharge was targeted for investigation simply for being a homosexual,” attorney Kang Seok-min, who handled Lee’s defense, told the Hankyoreh in a telephone interview.

“Captain Lee has been through a great shock with his public arrest. He is currently hospitalized after collapsing during his sentencing today,” Kang said.

In a statement released soon after the guilty ruling against Lee, Amnesty International East Asia research director Roseann Rife called it an “unjust conviction.”

“It is long overdue for South Korea to repeal this archaic and discriminatory provision in the military criminal code,” Rife said.

The same day, Justice Party lawmaker Kim Jong-dae presented an amendment to the Military Criminal Act that would delete Article 92-6.

By Heo Jae-hyun, staff reporter and Park Byong-su, senior staff writer

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