The late Sergeant Byun Hee-soo, who was forcibly discharged from the military in 2020 for ‘having undergone gender reassignment surgery’ and was found dead the following year, was recognized as dead in the line of duty. The Military Human Rights Center and the National Human Rights Commission announced that they welcome the move.
On the 4th, the Ministry of National Defense reported that the Central Military Ideology Review Committee decided that Sergeant Byun’s death on the 29th of last month was a death in the line of duty, and that this decision was conveyed to the bereaved family on that day. The review committee considered that depression caused by forced discharge was the main cause of Sergeant Byun’s death. Previously, in October 2022, the Daejeon District Court ruled that the Army’s forced discharge of Sergeant Byun was illegal.
This decision is also a reversal of the case concluded by the Army in December 2022 as an ‘ordinary death’, saying, “(Sergeant Byeon’s death) was a case of death caused by personal actions unrelated to the performance of duties.” The review was conducted in accordance with the National Human Rights Commission’s recommendation to the Ministry of National Defense on January 31 last year to reexamine Sergeant Byun’s death in the line of duty.
With this decision, Sergeant Byun’s bereaved family can bury his body in a national cemetery if they wish, and if he is recognized as a person of national merit, he may be eligible for veterans’ pension payments. Sergeant Byeon falls under category 3 of death in the line of duty under the Military Justice Act, which refers to death while performing duties not directly related to national defense.
Regarding the recognition of Sergeant Byeon’s death in the line of duty, the Military Human Rights Center, which had supported Sergeant Byeon, said, “The state and military deserve responsibility for Sergeant Byun’s death. Although it took a very long and painful time for that responsibility to be acknowledged, I miss you and feel sad. “We welcome the belated decision to die in the line of duty,” he said.
The Military Human Rights Center said, “The decision to die in the line of duty will not fully restore the honor of transgender soldier Byun Hee-soo. We will solve the remaining homework so that the military can become a safe space for sexual minorities and prevent such tragedies from happening again.”
They said, “Furthermore, we will weave Sergeant Byun’s precious wish, who wanted a world where minorities live together without being frustrated in the face of their individual dreams, and continue it into our lives.” Hee-soo Byun, who was proud of being a soldier more than anyone else and firmly believed in the military as his organization. “Sergeant. I hope her soul returns to the military with a bright smile. With everyone’s long memories and commitments, I once again pray for the deceased to rest in peace,” he said.
The National Human Rights Commission also said, “The Ministry of National Defense’s decision to commit suicide in the line of duty is of great significance in restoring the honor of the late Sergeant Byun Hee-soo and in advancing the human rights of transgender people one step further. We will continue to remember the sacrifice of the late Sergeant Byun Hee-soo and help people “We will create a world without discrimination where people can live like human beings,” he said. In addition, the Human Rights Commission added, “We hope that the Ministry of National Defense will quickly begin improving the system for transgender people to serve in the military.”
The Military Human Rights Center also pointed out problems with the military authorities’ treatment of Sergeant Byun. The center said, “Even after losing the case (trial related to forced discharge), the Ministry of National Defense and the Army have arbitrarily set the date of Sergeant Byeon’s death and avoided review of his death in the line of duty, and despite the recommendation of the President’s Military Accident Investigation Commission to recognize his death in the line of duty, the Army’s General Major Ideology Review Committee “On December 1, 2022, Sergeant Byun Hee-soo was classified as a person who died in the line of duty,” he said. “Just like when deciding on forced discharge, there was no logic or basis. It is a shameful display of our military that was cowardly even in the face of the opportunity to admit and correct its mistakes.” “After all, it should be remembered for a long time,” he pointed out.
▲ A photo depicting the life of the late Sergeant Byun Hee-soo displayed inside the office of the Military Human Rights Center in Seodaemun-gu, Seoul last year. ⓒPresian (Han Ye-seop)
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