- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Foreign same-sex marriages recognized only
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- Varies by Region
- Employment Discrimination
- Varies by Region
- Housing Discrimination
- Varies by Region
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Surveys in South Korea have revealed a prevalence of resistance towards LGBTQ+ rights.
OPPOSE
SUPPORT
Perception of LGBTQ+ People
Survey results from 6 LGBTQ+ Equaldex users who lived in or visited South Korea.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Homosexual activity in South Korea is legal.
Current status
Legal
Same-sex intercourse is not illegal for civilians in South Korea, but it is between men in the military.
Article 92-6 of the Military Criminal Act penalizes "anal intercourse" and other so-called “indecent acts” in any military setting with up to two years in prison — and all able-bodied men must serve about two years in the military. No law criminalizes heterosexual intercourse in the South Korean military.
Article 92-6 of the Military Criminal Act penalizes "anal intercourse" and other so-called “indecent acts” in any military setting with up to two years in prison — and all able-bodied men must serve about two years in the military. No law criminalizes heterosexual intercourse in the South Korean military.
Same-sex marriage in South Korea is foreign same-sex marriages recognized only.
Current status
Since Oct 1, 2019
Foreign same-sex marriages recognized only
Currently, same-sex couples can receive spousal coverage under the National Health Insurance Service. Diplomatic same-sex marriages are also recognized.
Censorship of LGBT issues in South Korea is no censorship.
Current status
Since Jan 1, 2003
No censorship
No restrictions to freedom of expression and association in South Korea.
Right to change legal gender in South Korea is legal, no restrictions.
Current status
Since Mar 16, 2020
Legal, no restrictions
Since 2020, all criteria that was previously mandatory has become optional, and the court will request them on a case-by-case basis. First approved legal case of FTM gender recognition without sterilization occured in 2021, and for MTF in 2023. Despite this, most judges still view the surgery as a prerequisite, and thus those seeking LGR often move to district with lax requirements. In 2024 Cheongju District Court has suggested a new criteria "based on subjective experiences of gender and gender identity, fitness to the identifying gender role, medical criteria and external presentation (not necessarily sterilization), and impression by a 3rd party."
Legal, but requires surgery
There is and has been no law outlining requirements for changing legal gender. However the supreme court has allowed such procedure with en banc ruling from 2006. The requirements are governed by the guidelines set by the supreme court. These guidelines have included abusive or discriminatory requirements, such being at least 19 years old themselves, as well as being unmarried, diagnosed with “transsexualism” and having undergone hormone therapy and been sterilized.
Legal recognition of non-binary gender in South Korea is not legally recognized.
Current status
Not legally recognized
No legal recognition.
LGBT discrimination in South Korea is varies by region.
Current status
Varies by Region
Illegal in some jurisdictions, bills proposed to extend protections nationwide
LGBT employment discrimination in South Korea is varies by region.
Current status
Varies by Region
Illegal in some jurisdictions, proposed nationwide
Sexual orientation only
LGBT housing discrimination in South Korea is varies by region.
Current status
Varies by Region
Illegal in some jurisdictions, proposed nationwide
Same-sex adoption in South Korea is illegal.
Current status
Illegal
No information about when adoption regulations went into effect.
Intersex infant surgery in South Korea is not banned.
Current status
Not banned
Invasive and unnecessary surgical interventions on intersex children are not prohibited in South Korea.
Serving openly in military in South Korea is illegal.
Current status
Illegal
Same-sex intercourse is not illegal for civilians in South Korea, but it is between men in the military. Article 92-6 of the Military Criminal Act penalizes “indecent acts” in any military setting with up to two years in prison — and all able-bodied men must serve about two years in the military. No law criminalizes heterosexual intercourse in the South Korean military.
However, there are some signs that restrictions on LGBTQ service members may be easing: In 2022, the South Korean Supreme Court overturned the conviction of two soldiers for gay sex, and in 2021, a district court posthumously reinstated a transgender soldier who died by suicide after being dismissed from the army.
However, there are some signs that restrictions on LGBTQ service members may be easing: In 2022, the South Korean Supreme Court overturned the conviction of two soldiers for gay sex, and in 2021, a district court posthumously reinstated a transgender soldier who died by suicide after being dismissed from the army.
Blood donations by MSMs in South Korea is legal.
Current status
Legal
South Korea forbids people who have had sex "with certain high-risk individuals" within the past one year to donate blood. These rules apply equally to all people, regardless of their sexual orientation or gender identity. The official guidelines urge people to not donate for the purposes of finding out if they have AIDS.
Conversion therapy in South Korea is not banned.
Current status
Not banned
Conversion therapy is not criminalized. It is still encouraged as a plausible fix for homosexuality, with South Korean official Kim Seong-hoi calling homosexuality a "mental illness" and endorsing conversion therapy.
Equal age of consent in South Korea is equal.
Current status
Equal
Age of consent is equal for both homosexual and heterosexual relationships, set at 13 & 16 years old.
At 13, individuals can have sexual relations with anyone older than 13 and younger than 19. At 16, individuals can have sexual relations with anyone older than 16.
At 13, individuals can have sexual relations with anyone older than 13 and younger than 19. At 16, individuals can have sexual relations with anyone older than 16.
LGBT Rights by Province
View the LGBT laws in each individual province of South Korea.
- Jeju
- North Jeolla
- South Jeolla
- Busan Gwang'yeogsi [Pusan-Kwangyokshi] (Metropolitan City)
- Daegu Gwang'yeogsi [Taegu-Kwangyokshi] (Metropolitan City)
- Daejeon Gwang'yeogsi [Taejon-Kwangyokshi] (Metropolitan City)
- Gwangju Gwang'yeogsi [Kwangju-Kwangyokshi] (Metropolitan City)
- Incheon Gwang'yeogsi [Inch'n-Kwangyokshi] (Metropolitan City)
- Ulsan Gwang'yeogsi [Ulsan-Kwangyokshi] (Metropolitan City)
- Seoul Teugbyeolsi [Seoul-T'ukpyolshi] (Capital Metropolitan City)
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#5
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Alternative names: Taehan Min’guk (Namhan) (local name)