South Korea has approved the creation of a new organisation aimed at protecting transgender people from discrimination, ending a lengthy approval process that stretched nearly two years beyond its expected timeline.
Organisers have been granted permission to establish the Byun Huisu Foundation, a non-profit dedicated to supporting transgender South Koreans and advocating against political and social discrimination.
The approval comes after what was initially expected to be a routine 20-day review process turned into a prolonged dispute. The foundation’s application was first submitted in May 2024, but repeated delays stalled the decision for almost two years.
The hold-up was largely due to opposition from a conservative member of the country’s human rights watchdog, the National Human Rights Commission of Korea (NHRCK). According to reports, the commissioner repeatedly voted against fellow members of the body’s standing committee, preventing progress on the application.
Frustrated by the stalemate, the organisers behind the proposed foundation filed a lawsuit against the commission. The Seoul Administrative Court later intervened, ruling that the delays were unlawful and ordering the commission to move forward with a decision. The ruling, issued in December last year, ultimately cleared the way for the foundation’s approval.
Lee Sook-jin, one of the commission’s standing members, publicly apologised for the delays. Speaking to Yonhap News, she said that “a certain member’s continued opposition” had caused unnecessary setbacks to the process.
The conservative commissioner involved in the dispute reportedly resigned following the court ruling and the eventual approval of the organisation.
The foundation takes its name from Byun Hee-Soo, a South Korean transgender soldier who died by suicide in 2021 after being discharged from the military following gender-affirming surgery.
Before her death, the tank gunner had filed a legal challenge against the military’s decision to dismiss her. The case was still pending when she died, but her family vowed to continue pursuing legal action against the government.
Members involved in establishing the new foundation say its mission will be to promote LGBTQ+ rights in South Korea and push for stronger recognition of transgender people’s dignity and protections under the law.
LGBTQ+ rights in South Korea remain contested. According to the community-driven equality index Equaldex, the country scores 46 out of 100 overall. Legal rights receive a rating of 53 out of 100, while public opinion scores significantly lower at 39 out of 100.
Although it is legally possible for people to change their gender marker in South Korea, access to gender-affirming care remains heavily restricted. Same-sex marriage is also not currently recognised under the law.
