The court later said in a press release that the decision was meaningful as a “declaration that consensual same-sex sexual activity (among military service members) could no longer been considered as punishable in itself.” “The view that sexual activity between people of the same sex is a source of sexual humiliation and disgust for objective regular people and goes against decent moral sense can hardly be accepted as a universal and proper moral standard for our times.” “The specific ideas of what constitutes as indecency has changed accordingly with the changes in time and society,” Kim said in a decision that was broadcast online. Following the Supreme Court's full panel deliberation of its 13 justices, Chief Justice Kim Myeong-su said they concluded the provisions should not be applied to consensual sex between male service members that takes place outside military facilities during off-duty hours.
The article prescribes a maximum prison term of two years for “anal intercourse” and “any other indecent acts” between military personnel.
