Abstract The human rights situation of gender and sexual minorities in South Korea has been particularly troubling when compared to the recent advancements in other liberal democracies. Strategic obstructions by conservative Christian groups, combined with the passive and deferential attitudes of the legislative and executive branches, have constituted major obstacles to civil society’s persistent efforts to secure and advance these minorities’ rights. In contrast, the judiciary − especially the jurisprudence of the Supreme Court and lower courts − has made meaningful progress in recent years by adopting more principled, human-rights-oriented interpretations of the law. Significant developments include the relaxation of conditions for transgender persons’ legal gender recognition, challenges to the constitutional validity of the military sodomy law, the initiation of legal recognition of same-sex partnerships, and the protection of the freedoms of assembly and association. A close examination of key cases reveals a contrast between the majoritarian tendencies of the legislative and executive branches, on the one hand, and the more rights-protective stance of the judiciary, on the other. This disparity underscores the crucial role of courts in safeguarding equal rights and dignity for marginalised groups, while also highlighting the need for the adoption of a comprehensive anti-discrimination law in South Korea.
Yoon Jin Shin (Mon,) studied this question.