Article

The South Korean Gender System: LGBTI in the Contexts of Family, Legal Identity, and the Military

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Abstract

The South Korean legal system is founded on a binary model of gender based on heterosexuality. It regulates the lives of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people by enforcing laws that produce gender in accordance with this binary model. The family in Korean society is associated with the family headship system (hojuje)—which has simultaneously functioned both as a system of legal identification and as the mechanism directly responsible for the production of gendered kungmin or national subjects. As part of the family headship system, the gendered kungmin is classified as father or mother, wife or husband, and daughter or son, thereby reinforcing compulsory gender roles within the family. The Republic of Korea (ROK) military, too, is an important gender system fixated on binary gender classification, in that it targets all males as objects of conscription, at least in principle if not in actuality, and manages the male body through physical examination and discipline. Persons with nonconforming sexual orientation or gender identity who seek to live outside the prevailing gender system are deemed unfit and in violation of the heteronormative binary gender norms. This article problematizes the South Korean gender system as revealed in its interactions with LGBTI persons in three interlocking contexts: family, legal identity, and the military. By critically examining these modalities of the South Korean gender system, the author argues that the law renders LGBTI persons as unsuitable national subjects because they trouble the existing gender paradigm in significant ways.

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Chingbyŏngje hyŏngsŏng kwajŏng ŭl t'onghaesŏ pon yangsimjŏk pyŏngyŏk kŏbu ŭi yŏksa
  • Im Chaesŏng
Im Chaesŏng. "Chingbyŏngje hyŏngsŏng kwajŏng ŭl t'onghaesŏ pon yangsimjŏk pyŏngyŏk kŏbu ŭi yŏksa" [The history of conscience objection in South Korea: Approached through the making process of conscription system].
Sŏngbyŏl chŏnhwan ŭi pŏptamnon pip'an
  • Han Sanghŭi
Han Sanghŭi. "Sŏngbyŏl chŏnhwan ŭi pŏptamnon pip'an" [Critique of legal discourse on gender change].
e Ch'in'gusai. [Korean gay men's human rights group Chingusai]Ch'in'gusai' wa Han'guk ŭi kei inkwŏn undong
  • Han 'guk Kei Inkwŏn Undong
  • Tanch
Han'guk Kei Inkwŏn Undong Tanch'e Ch'in'gusai. [Korean gay men's human rights group Chingusai]. " 'Ch'in'gusai' wa Han'guk ŭi kei inkwŏn undong " [ " Chingusai " and gay rights movement in Korea]. Chinbo p'yŏngnon 49 (Fall 2011): 60–99.
Struggle for LGBT Rights: One of the Great, Neglected Human Rights Challenges of Our Time " (speech) Human Rights
  • Ki-Moon Ban
Ban, Ki-Moon. " Struggle for LGBT Rights: One of the Great, Neglected Human Rights Challenges of Our Time " (speech). Human Rights, Sexual Orientation, and Gender Identity International Conference. Oslo, Norway, April 15–16, 2013.
Ch'in'gusai' wa Han'guk ŭi kei in'gwŏn undong
  • Han'guk Kei
Han'guk Kei In'gwŏn Undong Tanch'e Ch'in'gusai, "'Ch'in'gusai' wa Han'guk ŭi kei in'gwŏn undong" ["Chingusai" and gay rights movement in Korea], 60-99; and Han Ch'aeyun, "Han'guk rejŭbiŏn k'ŏmyunit'i ŭi yŏksa" [The history of the Korean lesbian community], 100-128.
Struggle for LGBT Rights: One of the Great, Neglected Human Rights Challenges of Our Time" (speech)
  • Ki-Moon Ban
Ban, Ki-Moon. "Struggle for LGBT Rights: One of the Great, Neglected Human Rights Challenges of Our Time" (speech). Human Rights, Sexual Orientation, and Gender Identity International Conference. Oslo, Norway, April 15-16, 2013.
Han'guk esŏ tongsŏng kyŏrhap sosong ŏttŏke hal kŏsinga? Tongsŏng kyŏrhap sosong ŭi ŭimi wa kwaje" [How to file a same-sex union lawsuit in Korea? The meaning of same-sex union lawsuits and the challenges they face
  • Chang Sŏyŏn
Chang Sŏyŏn. "Han'guk esŏ tongsŏng kyŏrhap sosong ŏttŏke hal kŏsinga? Tongsŏng kyŏrhap sosong ŭi ŭimi wa kwaje" [How to file a same-sex union lawsuit in Korea? The meaning of same-sex union lawsuits and the challenges they face].
Kun Kasanchŏmje nonjaeng kwa chendŏ chŏngch'i: Kanŭngsŏng chŏpkŭnpŏp ŭi kwanchŏm esŏ" [Veterans' extra point system gender politics: From the perspective of capabilities approach
  • Cho Chuhyun
Cho Chuhyun. "Kun Kasanchŏmje nonjaeng kwa chendŏ chŏngch'i: Kanŭngsŏng chŏpkŭnpŏp ŭi kwanchŏm esŏ" [Veterans' extra point system gender politics: From the perspective of capabilities approach].
Podo charyo: Kijon sŏng chegŏ susul haettamyŏn sŏnggi sŏnghyŏng ŏpsi sŏngbyŏl chŏngjong kanŭng" [Press release: Legal gender change possible without genital surgery if previous sex already surgically removed
  • Green Jamison
Green Jamison. "Podo charyo: Kijon sŏng chegŏ susul haettamyŏn sŏnggi sŏnghyŏng ŏpsi sŏngbyŏl chŏngjong kanŭng" [Press release: Legal gender change possible without genital surgery if previous sex already surgically removed].
Han'guk rejŭbiŏn k'ŏmyunit'i ŭi yŏksa
  • Han Ch
  • Aeyun
Han Ch'aeyun. "Han'guk rejŭbiŏn k'ŏmyunit'i ŭi yŏksa" [The history of the Korean lesbian community].
Sŏng chŏnhwanja ŭi pŏpchŏk sŏngbyŏl pyŏn'gyŏng hŏyong si ŭiryo choch'i kangje e taehan kukche pŏpchŏk p'yŏngka" [A legal appraisal of the medical intervention in the gender recognition of transgender under the international human rights and the Korean law
  • Hong Sŏngp
  • Yi Sŭnghyŏn
Hong Sŏngp'il, and Yi Sŭnghyŏn. "Sŏng chŏnhwanja ŭi pŏpchŏk sŏngbyŏl pyŏn'gyŏng hŏyong si ŭiryo choch'i kangje e taehan kukche pŏpchŏk p'yŏngka" [A legal appraisal of the medical intervention in the gender recognition of transgender under the international human rights and the Korean law, with focus on the recent decision of the Seoul western district court].
Tongsŏnghon kwa p'yŏngdŭngkwŏn simsa kijun: Miguk yŏnbang taepŏbwŏn 'kyŏrhon pohopŏp (DOMA)' wihŏn p'an'gyŏl ŭl chungsim ŭro" [The standard for evaluating same-sex marriage and the right to equality: The example of the ruling on the "Defense of Marriage Act (DOMA)" at the US Supreme Court
  • Kim Chihye
Kim Chihye. "Tongsŏnghon kwa p'yŏngdŭngkwŏn simsa kijun: Miguk yŏnbang taepŏbwŏn 'kyŏrhon pohopŏp (DOMA)' wihŏn p'an'gyŏl ŭl chungsim ŭro" [The standard for evaluating same-sex marriage and the right to equality: The example of the ruling on the "Defense of Marriage Act (DOMA)" at the US Supreme Court]. Unpublished paper presented at the regular monthly meeting of Hŏnpŏp Silmu Yŏn'guhoe [Constitutional Practices Study Society].
Kajok p'aerŏdaim ŭi pyŏnhwa wa tongsŏng kyŏrhap ŭi ŭimi" [Changes in family paradigm and significance of same-sex union
  • Kim Wŏnjŏng
Kim Wŏnjŏng. "Kajok p'aerŏdaim ŭi pyŏnhwa wa tongsŏng kyŏrhap ŭi ŭimi" [Changes in family paradigm and significance of same-sex union]. Paper presented at "Kajok kusŏngwŏn yŏn'gu moim chuch'oe wŏk'ŭshop" [Workshop sponsored by the family formation rights research group]. July 12, 2013. Seoul, South Korea.
Regulations on Physical Examination for Conscription
  • Republic Korea
  • Of
Korea, Republic of. Legal Documents. http://www.law.go.kr. ---. Ministry of Defense Order No. 728. "Regulations on Physical Examination for Conscription." Article 8-10. Republic of Korea. Legal documents. http://www.law .go.kr/lsInfoP.do?lsiSeq=110551#0000.
Ŏnŭ mŏtchin nal, tangyŏnhan kyŏrhonsik
  • Nepal 'third
  • Gender
Nepal 'Third Gender' IDs Issued for Minorities." Huffington Post, January 22, 2012. "Ŏnŭ mŏtchin nal, tangyŏnhan kyŏrhonsik" [One fine day, a justifiable wedding]. Facebook. Accessed December 12, 2013. https://www.facebook.com/equallovekorea.
Inkwŏn ŭi Majinosŏn: Ch'abyŏl kŭmjibŏp ŭn mŏn nara iyagi" [The Maginot Line of human rights: Anti-discriminatory laws are stories from afar
  • Paek Ch
  • Ŏl
Paek Ch'ŏl. "Inkwŏn ŭi Majinosŏn: Ch'abyŏl kŭmjibŏp ŭn mŏn nara iyagi" [The Maginot Line of human rights: Anti-discriminatory laws are stories from afar]. Kyŏnghyang sinmun, April 27, 2013. http://news.khan.co.kr/kh_news/khan_art_view.html?artid=20 1304271414511&code=940100.
Germany Becomes First Country in Europe to Give 'Third Sex' Option for Babies of 'Indeterminate' Gender
  • Tony Patterson
Patterson, Tony. "Germany Becomes First Country in Europe to Give 'Third Sex' Option for Babies of 'Indeterminate' Gender." The Independent, November 1, 2013. http://www.independent.co.uk/news/world/europe/germany-becomes-first-country-ineurope-to-give-third-sex-option-for-babies-of-indeterminate-gender-8917764.html.
Pŏnho idong kwa sŏng chŏnhwan: Chumin tŭngnok chedo, kungmin kukka kŭrigo t'ŭraensŭjendŏ" [Number reassignment and sex change: The Resident Registration System
  • Ruin
Ruin. "Pŏnho idong kwa sŏng chŏnhwan: Chumin tŭngnok chedo, kungmin kukka kŭrigo t'ŭraensŭjendŏ" [Number reassignment and sex change: The Resident Registration System, citizen state, and transgender].
Sŏng chŏnhwanja ŭi sŏngbyŏl chŏngjŏng hŏga sinch'ŏng sagŏn tŭng samu ch'ŏri chich'im
  • Hankyoreh
Hankyoreh, October 14, 2013. http://www.hani.co.kr/arti/society/society_general/606929.html. "Sŏng chŏnhwanja ŭi sŏngbyŏl chŏngjŏng hŏga sinch'ŏng sagŏn tŭng samu ch'ŏri chich'im" [Transgender legal gender change request and attendant administrative guideline].
Tassi: Sexual minorities group for sexual diversity] and Kongik Inkwŏn Pyŏnhosa Moim Hŭimang ŭl Mandŭnŭn Pŏp [Korean lawyers for public interest and human rights
Sŏngchŏk Tayangsŏng ŭl wihan Sŏng Sosuja Moim Tassi [Tassi: Sexual minorities group for sexual diversity] and Kongik Inkwŏn Pyŏnhosa Moim Hŭimang ŭl Mandŭnŭn Pŏp [Korean lawyers for public interest and human rights]. "T'ŭraensŭ rodŭmaep: T'uraensŭjendŏ rŭl wihan chŏngbo, inkwŏn kilchabi" [Trans Roadmap: Information for transgenders, a human rights guide]. 2012. Accessed December 15, 2013. http:// transroadmap.net.
Solidarity for LGBTI human rights of Korea] and Han'guk Kei Inkwŏn Tanch'e Ch'in'gusai
  • Yŏndae Tongsŏngaeja Inkwŏn
Tongsŏngaeja Inkwŏn Yŏndae [Solidarity for LGBTI human rights of Korea] and Han'guk Kei Inkwŏn Tanch'e Ch'in'gusai [Korean gay men's human rights group Chingusai].
Hoju chedo ŭi chendŏ chŏngch'i: Chendŏ saengsan ŭl chungsim ŭro
Kyŏngje wa sahoe 88 (2010): 215-55. ---. "Hoju chedo ŭi chendŏ chŏngch'i: Chendŏ saengsan ŭl chungsim ŭro" [Gender politics in the Korean family headship system: With the production of gender at the center].
Sŏngjŏnhwanja sŏngbyŏl pyŏn'gyŏng chedo e kwanhan pigyo pŏpchŏk koch'al
  • Yi Chunil
Yi Chunil. "Sŏngjŏnhwanja sŏngbyŏl pyŏn'gyŏng chedo e kwanhan pigyo pŏpchŏk koch'al" [A comparative legal analysis of the transgender legal gender change system].
Seoul: The Korean Society of Law and Policy on Sexual Orientation and Gender Identity
Korea Democracy Foundation, 47-59. Seoul: The Korean Society of Law and Policy on Sexual Orientation and Gender Identity, 2013. ---. "T'ŭraensŭjendŏ ŭi hŏnpŏpchŏk munje" [Constitutional issues on transgender].
Sŏngjŏnhwan kwa sŏngjŏnhwanja ŭi minbŏpjŏk koch'al
  • Yi Nomun
Yi Nomun. "Sŏngjŏnhwan kwa sŏngjŏnhwanja ŭi minbŏpjŏk koch'al" [A study on the sexual inversion and transgenders in civil law].