On the fifth anniversary of Byun Hee-soo's death, the National Human Rights Commission's (NHRC) labor union publicly apologized for the commission's failure to approve the establishment of the Byun Hee-soo Foundation, which has been pending for nearly two years. The union expressed disappointment towards both the preparatory committee for the foundation and the NHRC itself for this prolonged inaction, which they believe undermines the fight against discrimination based on sexual orientation and identity in South Korea.

Byun Hee-soo was a South Korean Army private who underwent gender reassignment surgery during her service in 2019 and expressed a desire to continue her service. However, in January 2020, the Ministry of National Defense forced her retirement. Byun subsequently filed a lawsuit to cancel her discharge, which the court ruled in her favor in October 2021, recognizing her gender as female. Unfortunately, Byun had already passed away prior to this ruling, highlighting the tragic circumstances surrounding her fight for recognition and rights. The NHRC finally recognized her death as a work-related incident in March 2024.

In response to Byun's legacy and the ongoing struggle for LGBTQ+ rights, advocacy groups, including the Military Rights Center and the Youth LGBTQ Support Center, established a preparatory committee to create the Byun Hee-soo Foundation aimed at preventing further tragedies similar to Byun’s. They submitted a proposal to the NHRC in May of the same year to become an official non-profit organization under its jurisdiction, yet they have faced ongoing delays. The NHRC has reportedly discussed the matter several times but has been stalled due to opposition from members against LGBTQ+ rights. These delays have tremendous implications for the recognition and support of LGBTQ+ rights in South Korea.