A transgender soldier who underwent gender reassignment surgery in 2019 after enlisting as a male, the late former Sgt Byun Hee-soo.

In January of last year, the Army discharged Sgt. Byun due to mental and physical disabilities, and Sgt. Byun filed an administrative lawsuit saying, "The military's measures are unfair."

Sgt. Byun made an extreme choice before the first pleading, and on the 7th, the court upheld Sgt.




At the National Assembly National Defense Committee's inspection of the Army Headquarters on the 13th, Army Chief of Staff Nam Young-shin said, "I pray for the recovery of the late Sgt.

It was the president's first statement of position after Sgt. Byun's death.

The Chief of Staff's official condolences may seem like a gesture for the Army to accept the verdict of the first instance, but in reality it is not.

President Nam said, "I respect the court's decision," but did not immediately answer the question of whether to appeal.

It has not been decided whether to appeal or not.



Considering Sgt. Byun's tragic death, it is okay to give up appeals, but things are not that simple.

If the judgment of the first trial is finalized by waiving the appeal, the path to enlistment for transgender people will be opened, and related laws and regulations should be revised.

The enlistment of transgender people is a matter to be decided after careful consideration of whether not only the military but our society is ready to accept this, what the opinions of female soldiers who should wash and sleep with transgender soldiers, and whether there are any conflicting laws.

It is a very sensitive political and religious issue.

Before urging the military to recklessly give up the appeal, social discussion, public debate, and decision-making seem to take precedence.



Pressures to waive appeal

Since the ruling party lawmakers are obviously progressive, the Army Headquarters National Inspectorate urged the army headquarters to abandon the appeal against Sgt.

Rep. Kim Byeong-ju said, "The Human Rights Commission recommended system improvement, but it was not accepted because the lawsuit was ongoing."



To this, President Nam Young-shin replied, "We are looking into the military's specificity, national consensus, LGBT rights issues, and related laws and regulations in depth."

I mean, it's not an easy decision to make.



There was also a signature campaign calling for the appeal to be waived.

Citizens' groups such as 'Joint Measures for the Reinstatement of Sgt Byun Hee-soo and the Restoration of Honor' are taking the lead.

The Joint Countermeasures Committee argued, "The court has made a clear decision, and even the National Human Rights Commission and the UN Special Rapporteur judged that forced discharge was illegal as discrimination.

The government's Human Rights Commission, the ruling party, civic groups, and the United Nations are demanding the abandonment of appeals and system improvement with one voice.



The military is pushed back into politics

Judgment of the first instance of the court, the Human Rights Commission and the UN Special Rapporteur demanded system improvement, the ruling party's pressure…

If you follow their opinions without thinking and give up your appeal and allow transgender people to enlist in the military, the military is very comfortable and easy.

However, as Rep. Dong-min Dong Min of the Democratic Party said in the National Inspectorate of the Army Headquarters, "There are various controversies and intense political confrontations in our society," as it is so complex and sharp that the military cannot judge it alone.



The human rights of LGBT people should be protected, but if you give up appeal and amend the Military Service Act, the religious and political wave of the opposite side is obvious.

It is a structure in which the military becomes embroiled in a political debate no matter what choice it makes.

For the military to decide whether to give up the appeal, that is, whether or not to enlist transgender people, it is a dangerous thing to put your back on the military in the midst of politics.



We must also listen to the position of female soldiers who have to live together day and night.

We have to sleep and wash together, but it is necessary to review whether or not there will be any discomfort.

If you push it clumsily, it may lead to dissatisfaction with female soldiers and controversy about reverse discrimination against female soldiers.



Secretary-General Nam Young-shin said, "We will set a specific direction after consultation with the Ministry of National Defense."

It is a high-level task that the Navy, Air Force, and Marines all have to contemplate and come up with an answer through consultation at the government level beyond the Ministry of National Defense.

Don't force the politically neutral military to make quick decisions on its own.

Once the direction is decided after deliberation and public debate in society, it seems logical for the military to follow.