Korea's top court recognizes transgendered sex

June 24, 2006


Photo - The issue of transsexuality started to get attention in South Korea after a male-to-female transgender singer, Ha Ri-su, rose to popularity. Ha won her petition to legally change her gender in 2002.
Seoul - South Korea's Supreme Court ruled Thursday that people who have sex change operations should be legally recognized by their new gender -- the first such ruling by the country's top court.

The Supreme Court reversed earlier lower court decisions and ruled in favor of a 51-year-old transgender plaintiff seeking to legally change his gender to male. The identity of the plaintiff, who underwent a sex-change operation at age 41, was not revealed due to privacy concerns.

"If it is obvious that a person has acquired the physical characteristics of the opposite sex, not the sex at birth, through a sex change operation ... it is proper to recognize (his or her) changed sex," the court said in the ruling, endorsed by eight of the ten justices.

The dissenting judges said the matter should be settled by Parliament. South Korea doesn't have a law that allows such moves.

Lower courts have given mixed rulings in cases where transgender people sought to legally change their sex.

Last year, 26 cases were filed in courts nationally, but only 15 people were allowed to legally change their gender. In 2004, only 10 out of 22 cases received a favorable ruling.

The issue of transsexuality started to get attention in South Korea after a male-to-female transgender singer, Ha Ri-su, rose to popularity. Ha won her petition to legally change her gender in 2002.

The Supreme Court estimated there are about 1,000 South Koreans who do not identify themselves with their sex at birth. But activists estimate there are at least 4,000 such South Koreans.

Thursday's ruling was "a very welcome development," said Han Mu-ji, a 27-year-old who had a sex-change operation to become a man.

"I hope this will help bring about positive results in future petitions." Han, however, said the legal recognition should also be given to those who can't afford sex-change operations due to high costs and medical risks.

Associated Press

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