한국에서 성소수자의 법적 지위의 변화와 전망

Abstract

This paper summarized the case of the Court and the Constitutional Court regarding sexual-minorities. Social tolerance toward sexual-minorities - homosexuality, transgender, intersexualities etc - has advanced significantly. As a result, for nearly 10 years, many changes had the legal status of sexual-minorities in Korea. In the case of 2007 X-zon, the Supreme Court ruled that homosexuality itself is obscene. but In the case of 2013 movie ‘Just Friends?’, the Supreme Court found that the representation of homosexuality was not necessarily obscene in and of itself. On the one hand, the Constitutional Court has upheld the old article 92 of the Military Criminal Law, agreed homosexual conduct in the military is crime, is constitutional. Some critics of this decision argue that the Constitutional Court should have protected the fundamental right of sexual-minorities. The Court has conversion of recognition about transgender. After 2006 case, the Court has approval of th change of sex on the record in the family registration system. and the Supreme Court Convicts man for raping transgender woman. Even though these changes, legal issues, homosexual marriage, family configuration, social security, homophobia, transphobia, are remain in Korea.