RULING ON SOLDIER WHO WENT UNDER SEX CHANGE
입력 2021.10.08 (15:17)
수정 2021.10.08 (16:46)
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[Anchor Lead]
The court ruled that the military’s forceful discharge of the late Staff Sergeant Byun Hui-su was wrong. The Army staff sergeant had undergone sex change operation, which the military regarded as a disability and reason for her discharge. The court said that it was wrongful of the military to regard Byun as a man with a disability since the operation had rendered her completely female. It was Korea’s first legal precedent on the military service of a transgender soldier.
[Pkg]
Staff Sergeant Byun Hui-su underwent sex change operation while on leave in November 2019 and wanted to serve as a female soldier afterwards. But the Army forcibly discharged her two months later, after determining that she had grade 3 mental disability. The late staff sergeant filed a suit against the Army Chief of Staff to rescind the discharge order. But she eventually took her own life at home in March before the first trial. The Daejeon District Court handed down a ruling in favor of Byun, the plaintiff in the trial of forceful discharge rescindment. The court ruled the Army’s decision to regard Byun as having a mental disability was wrong. Korea allows an individual who underwent sex change operation to legally change his or her gender. Because Byun had requested the court to change her gender to female immediately after the surgery and reported her actions to the Army, the court concluded that forcibly discharging her on the basis of her physical condition was unlawful. The court also saw no problem with Byun’s family succeeding the plaintiff’s status. A military status is not something to be inherited but the right to receive pay is. Her family will be eligible to receive her pay after the forceful discharge order is revoked,
[Soundbite] Lim Tae-hoon(Director, Center for Military Human Rights Korea) : "We’re glad the court showed that it can fulfill its role as the last bastion of human rights."
The Army plans to review the ruling before deciding on follow-up actions.
The court ruled that the military’s forceful discharge of the late Staff Sergeant Byun Hui-su was wrong. The Army staff sergeant had undergone sex change operation, which the military regarded as a disability and reason for her discharge. The court said that it was wrongful of the military to regard Byun as a man with a disability since the operation had rendered her completely female. It was Korea’s first legal precedent on the military service of a transgender soldier.
[Pkg]
Staff Sergeant Byun Hui-su underwent sex change operation while on leave in November 2019 and wanted to serve as a female soldier afterwards. But the Army forcibly discharged her two months later, after determining that she had grade 3 mental disability. The late staff sergeant filed a suit against the Army Chief of Staff to rescind the discharge order. But she eventually took her own life at home in March before the first trial. The Daejeon District Court handed down a ruling in favor of Byun, the plaintiff in the trial of forceful discharge rescindment. The court ruled the Army’s decision to regard Byun as having a mental disability was wrong. Korea allows an individual who underwent sex change operation to legally change his or her gender. Because Byun had requested the court to change her gender to female immediately after the surgery and reported her actions to the Army, the court concluded that forcibly discharging her on the basis of her physical condition was unlawful. The court also saw no problem with Byun’s family succeeding the plaintiff’s status. A military status is not something to be inherited but the right to receive pay is. Her family will be eligible to receive her pay after the forceful discharge order is revoked,
[Soundbite] Lim Tae-hoon(Director, Center for Military Human Rights Korea) : "We’re glad the court showed that it can fulfill its role as the last bastion of human rights."
The Army plans to review the ruling before deciding on follow-up actions.
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- RULING ON SOLDIER WHO WENT UNDER SEX CHANGE
-
- 입력 2021-10-08 15:17:11
- 수정2021-10-08 16:46:19
[Anchor Lead]
The court ruled that the military’s forceful discharge of the late Staff Sergeant Byun Hui-su was wrong. The Army staff sergeant had undergone sex change operation, which the military regarded as a disability and reason for her discharge. The court said that it was wrongful of the military to regard Byun as a man with a disability since the operation had rendered her completely female. It was Korea’s first legal precedent on the military service of a transgender soldier.
[Pkg]
Staff Sergeant Byun Hui-su underwent sex change operation while on leave in November 2019 and wanted to serve as a female soldier afterwards. But the Army forcibly discharged her two months later, after determining that she had grade 3 mental disability. The late staff sergeant filed a suit against the Army Chief of Staff to rescind the discharge order. But she eventually took her own life at home in March before the first trial. The Daejeon District Court handed down a ruling in favor of Byun, the plaintiff in the trial of forceful discharge rescindment. The court ruled the Army’s decision to regard Byun as having a mental disability was wrong. Korea allows an individual who underwent sex change operation to legally change his or her gender. Because Byun had requested the court to change her gender to female immediately after the surgery and reported her actions to the Army, the court concluded that forcibly discharging her on the basis of her physical condition was unlawful. The court also saw no problem with Byun’s family succeeding the plaintiff’s status. A military status is not something to be inherited but the right to receive pay is. Her family will be eligible to receive her pay after the forceful discharge order is revoked,
[Soundbite] Lim Tae-hoon(Director, Center for Military Human Rights Korea) : "We’re glad the court showed that it can fulfill its role as the last bastion of human rights."
The Army plans to review the ruling before deciding on follow-up actions.
The court ruled that the military’s forceful discharge of the late Staff Sergeant Byun Hui-su was wrong. The Army staff sergeant had undergone sex change operation, which the military regarded as a disability and reason for her discharge. The court said that it was wrongful of the military to regard Byun as a man with a disability since the operation had rendered her completely female. It was Korea’s first legal precedent on the military service of a transgender soldier.
[Pkg]
Staff Sergeant Byun Hui-su underwent sex change operation while on leave in November 2019 and wanted to serve as a female soldier afterwards. But the Army forcibly discharged her two months later, after determining that she had grade 3 mental disability. The late staff sergeant filed a suit against the Army Chief of Staff to rescind the discharge order. But she eventually took her own life at home in March before the first trial. The Daejeon District Court handed down a ruling in favor of Byun, the plaintiff in the trial of forceful discharge rescindment. The court ruled the Army’s decision to regard Byun as having a mental disability was wrong. Korea allows an individual who underwent sex change operation to legally change his or her gender. Because Byun had requested the court to change her gender to female immediately after the surgery and reported her actions to the Army, the court concluded that forcibly discharging her on the basis of her physical condition was unlawful. The court also saw no problem with Byun’s family succeeding the plaintiff’s status. A military status is not something to be inherited but the right to receive pay is. Her family will be eligible to receive her pay after the forceful discharge order is revoked,
[Soundbite] Lim Tae-hoon(Director, Center for Military Human Rights Korea) : "We’re glad the court showed that it can fulfill its role as the last bastion of human rights."
The Army plans to review the ruling before deciding on follow-up actions.
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