The NHRCK's opinion came after the Center for Military Human Rights Korea, a civic group, had filed a petition alleging Byun's forced military discharge was a discrimination against transgender people.
Byun's case drew extensive media attention at home and abroad because she was the first South Korean active-duty soldier to have sex reassignment surgery while in service.
The Army made the discharge decision after judging that Byun's loss of male genital belongs to the Level 3 physical disability under the military laws.
The majority of NHRCK plenary meeting members reportedly shared the view that the Army's discharge decision for Byun was unlawful because there is no legal basis for applying physical disability ratings to transgender people.