It will be interesting to see how this case continues to play out since it was sent back to the ROK military court. They could try and find some different article to punish them with:
South Korea’s Supreme Court on Thursday threw out a military court ruling that convicted two gay soldiers for having sex outside their military facilities, saying it stretched the reading of the country’s widely criticized military sodomy law.
The court’s decision to send the case back to the High Court for Armed Forces was welcomed by human rights advocates, who had long protested the country’s 1962 Military Criminal Act’s Article 92-6, which prohibits same-sex conduct among soldiers in the country’s predominantly male military.
The article prescribes a maximum prison term of two years for “anal intercourse” and “any other indecent acts” between military personnel. 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.
Stars & Stripes
You can read more at the link.
