ROK Drop

Avatar of GI KoreaBy on December 16th, 2011 at 7:54 pm

Korean Man Given Refugee Status In Canada Because He Is Gay

» by in: Canada

This has to be the lamest excuse yet I have heard for getting out of mandatory ROK military service:

Canada awarded a South Korean man refugee status after he objected to the mandatory military service in his home country for being a pacifist and a homosexual, a local human rights group said Thursday.

The Immigration and Refugee Board of Canada (IRB) granted the status in July 2009 to Kim Kyung-hwan, 31, saying the gay conscript is highly likely to face abuse and mistreatment back home, according to the Center for Military Human Rights in Korea, which brought the story to light two years after the fact.

In South Korea, all able-bodied South Korean young men are required by law to serve nearly two-year compulsory military service.

There have been many “conscientious objectors to military service” who chose to serve prison terms instead of entering the military against their political and religious beliefs. But Kim’s case marks the first time in the country that a man seeks shelter in a foreign country after rejecting military conscription due to his homosexuality, according to the rights group.  [Yonhap via the Marmot's Hole]

Maybe the celebrity, chaebol kids, and athlete draft dodgers can now just claim they are gay instead of paying off doctors to fake injuries?

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  • Natalie
    8:12 pm on December 16th, 2011 1

    The person who wrote this is extremely ignorant. Why are you so certain they lied about being gay? There as many gay people in Korea as the rest of the world so why would you think one gay guy must be pretending to avoid military service?

  • setnaffa
    8:24 pm on December 16th, 2011 2

    “Natalie” may need to take a remedial reading class… :roll: :mrgreen: :mrgreen:

  • Joe
    9:17 pm on December 16th, 2011 3

    Are you saying that he would not face persecution or discrimination of severe character in mandatory military service due to his sexual orientation, with the alternative being institutionalization or dishonorable discharge?

    The 2008 UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity is very clear that LGBT status under such circumstances can be used as a cause for seeking asylum. Whether or not others might falsely claim similar circumstances and then request asylum is irrelevant.

  • Avatar of GI KoreaGI Korea
    9:30 pm on December 16th, 2011 4

    @1 – Who said the guy who got refugee status lied about being gay? I said it was a lame excuse to get out of his mandatory military service because this is not a gay issue. It is pretty clear that he doesn’t want to serve in the Army or instead do the time in jail and is thus using his homosexuality as an excuse to get out of his mandatory service obligation.

  • Joe
    9:36 pm on December 16th, 2011 5

    GI Korea: You don’t believe, then, that he might be legitimately fearing for his safety and security, or that he might otherwise face persecution or severe discrimination?

  • Teadrinker
    10:28 pm on December 16th, 2011 6

    Do gays in the South Korean military still risk being thrown in jail for one year and then being discharged for having “psychiatric problems”? I know the National Human Rights Commission concluded last year that the practice infringes on the soldiers’ rights, but I have yet to read that the law had been changed.

  • JoeC
    12:41 am on December 17th, 2011 7

    I have no idea what persecutions exist for gay people in Korea. Now the American gay service members are allowed to express themselves freely they might come here and tell us.

    There was a recent article where Sec. State Clinton said the US would condition foreign aid to countries depending on their treatment of their LGBT. Not that Korea receives much US foreign aid anymore, but, what say you new ambassador Mr. Sung Kim

  • guitard
    3:14 am on December 17th, 2011 8

    I wonder if this guy’s real name is “Tom?”

  • ChickenHead
    5:44 am on December 17th, 2011 9

    This man’s both pacifist and gay,
    but can serve in an appropriate way.
    With current readiness waning,
    due to non-stop sex assault training,
    he’s safe as a KATUSA in U.S.F.K.

  • Abitofscoff
    6:16 am on December 17th, 2011 10

    Yeah Tom, has the Korean government ever done the same for someone seeking asylum from their country for the same reasons?

    Since Koreans are the only ones in the world who aren’t barbarians I would assume Korea does it all the time.

    Please clarify.

  • Avatar of GI KoreaGI Korea
    8:23 am on December 17th, 2011 11

    @8 – :lol:

    @5 – You think only gays get picked on in the ROK Army? Mandatory service sucks for a lot of people straight or gay.

  • Joe
    9:28 am on December 17th, 2011 12

    GI Korea: I do hope you’re not comparing regular hazing to gay bashing. This isn’t a matter of “I might get teased”, it’s a matter of “there’s a strong change I will face severe physical abuse because of my sexual orientation”. You *cannot* reasonably compare the two. When they say he might face abuse and mistreatment at home, do you honestly think they’re talking about some extra push-ups?

  • Denny
    3:04 pm on December 17th, 2011 13

    What is it with Canada being a haven for homosexuals?

    Mississippi Mayor Reveals He Is Gay After Audit Reveals Visit To Canadian Adult Store

    http://www.commercialappeal.com/news/2011/dec/16/davis-receipts-prompt-frank-talk/

    Receipts from embattled Southaven Mayor Greg Davis reveal that he had the city pay for wide-ranging expenses including thousands of dollars worth of liquor, expensive dinners at a local restaurant and a visit to an adult store catering to gay men while on a recruitment trip to Canada.

    As details emerged Thursday from the receipts, provided by state auditors to Southaven aldermen and subsequently obtained by The Commercial Appeal, Davis conceded publicly for the first time in an interview with The CA that he is gay and has struggled to keep the issue from affecting his public life as mayor of Mississippi’s third-largest city.

  • ChickenHead
    5:22 pm on December 17th, 2011 14

    Come to think of it…

    …maybe, because of their accent, Americans have misunderstood all this time.

    Maybe they are actually saying, “We’re Gaynadians, eh?”

  • kangaji
    7:31 pm on December 17th, 2011 15

    #13: That’s pretty cool that he might be able to abuse being gay to get out of using tax payer money on booze and high quality food.

  • Avatar of GI KoreaGI Korea
    3:50 am on December 18th, 2011 16

    @12 – Here is some news for you, straight soldiers face physical abuse as well in the ROK military. Should they be allowed out of their service obligation as well? If the gay Korean in Canada is so worried about abuse he can do his mandatory service time in jail just like all the other conscientious objectors.

    The bottom line is that the gay Korean in Canada is comfortable with his life in Canada and doesn’t want it interrupted by the mandatory military service obligation and is using his homosexuality as an excuse. He is basically no different than the chaebol kids, celebrities, and athletes that don’t want their lives interrupted either by mandatory service.

  • Joe
    6:47 am on December 18th, 2011 17

    GI Korea: I’m sure they do. Please, have a little respect for all the victims of gay bashing. That you would in fact dismiss a hate crime as simple hazing is morally repugnant.

    Oh, and for the record, the UN Human Rights Committee has ruled that sodomy laws are illegal as an invasion privacy and form of discrimination based on sexual orientation (Toonen v. Australia, 1994). Korea’s military criminal code certainly falls under this category.

    Whether or not you think Kim is using this as an excuse to get out of military service is irrelevant. The fact remains that he is facing conditions that legally make him eligible for refugee status. The Canadian board (y’know, the guys have have an up-close view of the situation and do this for a living) clearly agrees with me.

  • Avatar of GI KoreaGI Korea
    7:53 am on December 18th, 2011 18

    Now I have someone else manufacturing statements from me that I didn’t say; I never dismissed a hate crime as hazing. You are the one taking the stance that if he does his service just like all the other males are supposed to that it is guaranteed that a hate crime will happen to him. There is no guarantee that a hate crime will happen to him, and if he was hazed it may not be because he was gay but because that is what they do to all the new guys coming into the unit. However, hazing has been been something the ROK Army has been trying to eliminate and I even saw a senior KATUSA sent to ROK Army jail for it in the past.

    For all we know the Korean in question in Canada if he did his service could go to a unit with outstanding leadership and do his time with no issue. He in fact would be very competitive as a KATUSA considering he should speak English well due to his time in Canada. A straight draftee on the other hand faces the same issue of possibly going to a unit where he is mistreated and unfortunately for him he doesn’t have an out to Canada. This appears to be a political play by the Canadian courts to pressure Korea on their don’t ask don’t tell like stance on gays in the military. Is the Canadian courts accepting Koreans who don’t want to serve in the ROK Army for religious reasons?

    Finally once again if the person in Canada is so concerned about having a hate crime committed against him then he can do his time in jail just like all the other people who don’t want to serve for religious reasons. He just doesn’t want to sacrifice a year and half of his life to meet his mandatory service obligation just like everyone else in Korea has to.

  • Joe
    12:19 pm on December 18th, 2011 19

    Ah, good. I’m glad I misinterpreted what you said about hate crimes vs. hazing.

    The 1951 Convention Relating to the Status of Refugees requires only that there be a well-founded fear of persecution. Absolute certainty is not needed to claim refugee status. If he had a reasonable fear of systematic persecution within the military, that would be enough regardless of whether or not such persecution was guaranteed.

    Laws enforcing jail time for sexuality are explicitly covered under the 2008 UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity. Even if he weren’t fearing hate crimes, that alone would be sufficient cause. Period. It doesn’t matter if the law only applies to military personnel if by virtue of being drafted he’s forced into such coverage.

    I don’t really see the room for argument here. He faced a law that said he would be jailed if his sexual orientation were known. The UNHCR says that is sufficient cause for seeking status as a refugee. Canada saw no grounds for refusal. The legal doctrine is unambiguous on the matter.

  • Glans
    3:12 pm on December 18th, 2011 20

    The mayor in Denny 13′s story is a Republican.

  • Teadrinker
    5:32 pm on December 18th, 2011 21

    “Yeah Tom, has the Korean government ever done the same for someone seeking asylum from their country for the same reasons?”

    To the best of my knowledge, South Korea has only granted asylum to a handful of people other than North Koreans. Anybody remembers the case(s) about 10 years ago where they even deported human rights activists who faced certain death if they were returned to their home country? The details are a bit fuzzy, but I believe some had sought and received sanctuary in the Myeondgong Cathedral.

  • Teadrinker
    5:37 pm on December 18th, 2011 22

    “This appears to be a political play by the Canadian courts to pressure Korea on their don’t ask don’t tell like stance on gays in the military. Is the Canadian courts accepting Koreans who don’t want to serve in the ROK Army for religious reasons? ”

    You obviously don’t know the political views of the a-hole we have for prime minister.

  • Teadrinker
    5:38 pm on December 18th, 2011 23

    #19,

    Exactly.

  • Canada
    7:03 pm on December 18th, 2011 24

    If Canada wants more gay people, then I guess be my guest.

  • Glans
    8:09 pm on December 18th, 2011 25

    Here’s something I didn’t know about Canada.

  • Hamilton
    8:52 pm on December 19th, 2011 26

    “When they say he might face abuse and mistreatment at home, do you honestly think they’re talking about some extra push-ups?”

    You haven’t been following ROK Military Hazing much have you? It generally isn’t a few extra pushups which most of the ROK military could use. There is a reason why the suicide rate is quite high in the ROK military, the beatings must mean less since there is no hate involved.

    The only issue I have with “hate Crimes” is the religious like authority they get. Should I really care more that Pvt Kim was beaten to an inch of his life because he went to a better school than his senior or because he’s gay, 1/2 Japanese…or something else. A Crime is a crime, justice should be equal.

  • ChickenHead
    11:27 pm on December 19th, 2011 27

    Maybe Gaynada will send a commando team to rescue Bradley Manning.

  • Tom Langley
    3:31 pm on December 20th, 2011 28

    I for one applaud the Canadian decision to welcome this Korean homosexual draft dodger. Since the US federal government doesn’t recognize homosexual “marriage” because of the DOMA law I would urge all homosexuals and others who disagree with DOMA to emigrate to Canada. I hope the “transgendered” & any other sexual freaks to join them. We here in the US will just have to deal with our loss. If anyone needs help packing please give me a call.

  • ChickenHead
    4:51 pm on December 20th, 2011 29

    Gaynada doesn’t want ALL homosexuals…

    …just the pathetic ones playing the constant victim and quick to whine about it to anyone who will listen.

    They seem to assimilate quickly and fit in well with the general population.

  • Joe
    1:41 am on December 21st, 2011 30

    … dammit. And here I was giving you guys the benefit of the doubt. TL, you sicken me.

  • Burt
    3:54 am on May 10th, 2012 31

    In any situation like this I would like to see what one would doif ask to prove that you are gay or homosexual.

  • Tom
    6:35 am on May 10th, 2012 32

    “To the best of my knowledge, South Korea has only granted asylum to a handful of people other than North Koreans. ”

    “best of your knowledge”… that’s the problem with you Teadrinker. You don’t know what you’re talking about. :lol:

    The thing is Teadrinker, South Korea is not a sucker for fake refugees like Canada, getting overwhelmed with economic refugees. If Canada wants to be stupid, then it has the right to be stupid, don’t compare to Korea. Only real refugees have a chance to stay in South Korea.

    If things are so bad for homo’s in Korea as Westerners are saying, why is South Korea granting refugee asylums to Pakistani homosexuals? Shouldn’t you Canada protest this move by South Korea for taking in this individual so that it can abuse him?

    http://www.thekoreanlawblog.com/2010/01/refugee-status-granted-for-pakistani.html

    :roll:

 

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