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Country Overview

South Korea

At a glance

Same-sex Relations for Men Legal Throughout the Country?

Yes

Same-sex Relations for Women Legal Throughout the Country?

Yes

Legal Gender Recognition Possible?

Yes

LGBTI Orgs Able to Register?

Yes

Last Update:

South Korea has seen gradual increases in public visibility of queer and trans communities, yet legal protections remain limited and uneven. Consensual same-sex conduct is criminalized within the military under Article 92-6 of the Military Criminal Act, a discriminatory provision that was upheld by the Constitutional Court in 2023, although same-sex relations between civilians are legal.

South Korea does not have a comprehensive antidiscrimination law covering sexual orientation, gender identity, or sex characteristics, and repeated proposals have stalled in the National Assembly amid political reluctance and organized opposition from conservative groups. Transgender people can change their legal gender, but the process requires medical intervention. In November 2022, the Supreme Court ruled that having children of minor age should not be grounds to refuse requests to change gender markers, affirming trans people’s right to legal gender recognition and right to a family life. Intersex people remain largely unrecognized in law and policy, and nonconsensual medical interventions on intersex infants and children are not prohibited by law.

Same-sex couples are not allowed to enter into marriages or civil unions. However, in July 2024, the Supreme Court affirmed that same-sex partners are entitled to state benefits such as spousal coverage under the National Health Insurance Service—the first judicial recognition of limited rights for same-sex couples. In October 2024, eleven same-sex couples filed lawsuits after district offices rejected their marriage registrations, arguing that the government’s refusal constitutes unequal treatment under the law. The cases remain pending as of 2025. Same-sex couples were included for the first time in the 2025 Population and Housing Census, allowing them to be recorded as “spouses” or “cohabiting partners.”

Although LGBTIQ organizations can openly register and operate, social stigma and political resistance persist. Major political parties do not publicly support LGBTIQ-inclusive reforms, while some political actors openly engage in anti-LGBTIQ campaigning. According to a 2025 survey, 43 percent of respondents had “hostile” feelings toward male homosexuals, 54 percent were hostile to lesbians, and 51 percent were against queer festivals. Other surveys demonstrate varying levels of acceptance: a 2020 poll showed that 79 percent of respondents aged 18 to 29 believed that homosexuality should be accepted by society, while a 2017 survey showed that 60 percent of respondents supported protecting trans people from discrimination.

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