Human rights groups have for years called on South Korea to decriminalize same-sex relationships for men in the military, warning that laws fuel violence, discrimination and stigmatization against gay soldiers. The two defendants were indicted in 2017 for having same-sex intercourse in 2016, while off duty and outside their base, which is punishable with prison for up to two years under the Military Criminal Act. In the past, South Korean authorities have defended the military code against same-sex relationships as necessary to maintain discipline. The ministry of defence said it would thoroughly review 'the intent of the Supreme Court's ruling'. Homosexual activity is not illegal for South Korean civilians but same-sex relationships for men in the military have been subject to criminal punishment.