Homosexuality in South Korea is not specifically mentioned in either the South Korean Constitution or in the Civil Penal Code. Article 92 of the Military Penal Code, however, singles out sexual relations between members of the same sex as "sexual harassment", hence punishable by a maximum of one year servitude. The Military Penal Code does not distinguish between consensual and non-consensual crimes and states informed consensual intercourse between homosexual adults as "reciprocal rape" ().
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