Court Rules in Favor of Transsexual

With a court ruling permitting a petitioner, who had a transgender surgery because of gender identity disorder, to correct the gender on family register, other transsexuals are likely to follow suit.

Judge Ko Jong-ju of the Busan District Court ruled on July 3 that a transsexual named Yun should be allowed to rectify the gender listed on family register from male to female and to change his name.

In the decision, the judge said, “The petitioner, who underwent a sex change operation due to gender identity disorder and became a transgender, meets medical requirements for altering his legal gender description, has mental and legal capacity, and is still single. Therefore, the transsexual satisfies the necessary legal conditions.”

He added, “Even though the Family Registration Act does not provide the case of altering legal genders through surgical operations, it is appropriate to accept the petition in order to ensure the human dignity and the right to happiness guaranteed by the Constitution.”

The petitioner was born with male genital organ and is registered as a male in his family register. But he suffered from gender identity disorder and had a transgender surgery in 1999. After becoming a transsexual, he made the petition last year.

So far, there are only three cases, in which the court permitted transsexuals to rectify their genders listed on family registers.

mobidic@donga.com