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Court Ruling in Favor of Deceased Transgender Soldier Upheld

Written: 2021-10-27 10:46:25Updated: 2021-10-27 16:03:03

Court Ruling in Favor of Deceased Transgender Soldier Upheld

Photo : YONHAP News

A court ruling that stated the Army’s decision to discharge a soldier who underwent sex reassignment surgery was unjust has been upheld. 

The case of late former Staff Sergeant Byun Hee-soo, who died in March, ended Wednesday in favor of Byun after the Army chief of staff did not submit an appeal to the Daejeon District Court by the deadline on Tuesday.

The military scrapped its initial plan to challenge the court ruling following an order from the Justice Ministry to not appeal. 

Earlier this month, the Daejeon District Court ruled in favor of Byun, who was discharged following gender confirmation surgery, even though she wanted to continue serving as a woman. 

The court said the discharge was inappropriately made on the grounds that the loss of male genitalia constituted a physical disability under military law.

The ruling is the first in the nation involving a military discharge that reflected a social atmosphere that accepts transgender people.

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