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“This groundbreaking decision is an important triumph in the fight against discrimination faced by L.G.B.T.I.
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Human rights groups hailed the verdict, calling it “a major step forward” or “a huge victory” for the rights of lesbian, gay, bisexual, transgender and intersex people. Punishing the two soldiers for this violated “their sexual autonomy” and “the constitutionally guaranteed right to equality and human dignity, as well as their right to pursue happiness,” the top court said on Thursday, sending the case back to a lower military court.
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Lower military courts sentenced the lieutenant to four months in jail and the sergeant to three months the sentences were suspended.
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The two accused men, a first lieutenant and a master sergeant, were indicted on charges of breaking the military code after they were found to have had sex in a private house during off-duty hours in 2016. In its ruling on Thursday, the Supreme Court said that the law should not apply to consensual sex away from a military setting. Rights groups have long condemned the law, saying it permits a “ witch hunt” against gay soldiers. South Korea’s Military Criminal Act calls for up to two years in prison for “anal intercourse or other indecent acts.” Until now, soldiers engaged in such activities had been punished under that law regardless of whether there was mutual consent or where the conduct took place. SEOUL - The Supreme Court of South Korea issued a landmark ruling against the military’s decades-old ban on homosexual activities on Thursday, striking down guilty verdicts for two male soldiers who were indicted on a charge of having consensual sex while off their base.