LGBTQ rights in North Korea

Homosexuality and transgender issues are not formally addressed in the country's law. According to the United States Department of State, no provisions exist in North Korean law to prohibit discrimination on sexual orientation or identity; the concepts do not appear. Additionally, Article 8 of the Family Law of the Democratic People's Republic of Korea states that "Marriage may be done only between one man and one woman". The 1950 criminal code (amended 2009) does not explicitly criminalize same-sex sexual activity. However, articles 193 and 262 of the amended criminal code outlaw the creation, distribution and possession of "decadent" culture and sexually explicit media as well as engaging in "obscene" activities. In 2011, The Korea Times, a South Korean publication, reported that North Korea had executed a lesbian couple, a North Korean woman and Japanese woman, for being influenced by capitalism and "bringing corruption of public morals". In the article, the source was Free North Korea Radio, itself a project of the Defense Forum Foundation, a U.S. government sponsored nonprofit organization. According to the United States Department of State, the state news agency, the Korean Central News Agency (KCNA), claimed in 2014 that same-sex sexual activity was not present in the country. The Constitution of North Korea, last revised in 2024, does not explicitly address discrimination on the basis of sexual orientation or gender identity. In 2023, the South Korean Ministry of Unification published a 584-page report "North Korean Human Rights Report". According to the report, defector testimony alleged that at least one male detainee in a detention camp was secretly executed for homosexuality in 2014. == Military service ==

The North Korean military law mandates celibacy during the first ten years of service for all enlistees, without regard to their sexual orientation or gender of any sexual partners. ==Adoption and family planning==

According to the United States State Department in its 2020 report on North Korea, same-sex couples could not legally adopt children in North Korea. == Politics and propaganda ==

In 2008 and 2011, North Korea opposed both the "joint statements on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations that condemn violence and discrimination against LGBTQ people. Its precise reasons for doing so remain unclear. In his analysis of North Korean domestic propaganda, The Cleanest Race, B. R. Myers, characterized the official attitude towards homosexuality as that of it being a typical "Western" decadence. Myers used an extract from a 2000 short story, "Snowstorm in Pyongyang" (), to illustrate how, in his view, North Korean perceptions contrast the decadent foreign against upright local behavior. The story was published in the North Korean literary magazine , and depicts captured crewmen of the USS Pueblo imploring their North Korean captors to allow them to engage in gay sex. {{blockquote [The North Korean soldier responds], "This is the territory of our republic, where people enjoy lives befitting human beings. On this soil none of that sort of activity will be tolerated." In 2014, after the United Nations Human Rights Council published a report on human rights in North Korea advising a referral to the International Criminal Court, the Korean Central News Agency, the North Korean state-owned news agency and arm of Propaganda and Agitation Department, responded with an article that included homophobic insults against the report's author Michael Kirby, who is openly gay. The KCNA's article went on to attack Kirby and gay marriage: B. R. Myers, author of The Cleanest Race and an expert on North Korean propaganda, described North Korea's homophobic attack on Kirby as a long established pattern of anti-gay hate speech: == Culture ==

Defectors have testified that most North Koreans are unaware of the concept of sexual orientation. He has said that, while same-sex affection does occur in North Korean society, not being attracted to the opposite sex is likened to an illness. Cross-dressing openly is also reported to exist, and is considered unusual but not illegal. == Summary table ==