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Country Overview

Democratic People's Republic of Korea

At a glance

Same-sex Relations for Men Legal Throughout the Country?

Yes

Same-sex Relations for Women Legal Throughout the Country?

Yes

Legal Gender Recognition Possible?

No

LGBTI Orgs Able to Register?

No

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There appear to be no laws penalizing consensual same-sex sexual acts between adults in North Korea’s Criminal Code of 1950, which was updated in 2009. Nonetheless, Article 193 prohibits the import, keeping, and distribution of “decadent culture,” including “sexual video recordings.” Additionally, Article 262 prohibits collective engagement in “obscene activities.” In 2014, the state-run Korean Central News Agency denied the existence of consensual same-sex sexual activity in the country. On the contrary, an openly gay North Korean defector was covered by the international media after he published his autobiography in 2017. There has been no information available on state or non-state violence targeting LGBTIQ persons. An unconfirmed report by Free North Korea Radio claimed that in September 2011, North Korea executed a lesbian couple for supposedly being influenced by capitalism and bringing corruption of public morals.

Freedom of assembly is not recognized. Participants in unauthorized gatherings are subject to severe punishment, including imprisonment. Given the barriers to freedom of association, forming LGBTIQ organizations does not appear to be possible in North Korea. However, the amended Penal Code of 2009 does not refer to “illegal societies” as did the 1950 Code.

*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.

 

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