who died by suicide earlier this year after being dismissed by the army following gender-reassignment surgery won a posthumous victory on Thursday, as a court told the army to recognize her as a woman and annul her dismissal.
Byun went to court seeking reinstatement, but she took her own life in March before the case was resolved. Regardless of her death, the outcome of the case is expected to hold implications for the military's policy on sexual minorities.The Daejeon District Court said that as Byun's changed gender was already legally recognized, the army should have used standards applied to women to determine her fitness to serve.
The army said in a statement that it respected the court's decision but had yet to decide whether to appeal, and that it would conduct a comprehensive review before deciding a course of action. "I believe this ruling is meaningful as it is the start of the discussion that could pave the way for all transgenders and sexual minorities in South Korea to serve in the military like other citizens," an activist with Solidarity for LGBT Human Rights of Korea, who uses the name Osori to campaign, told Reuters.
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