06/26/06 By Ethan Donway
The Korean Supreme Court ruled that transsexuals can officially change their gender in the Family Register. This is a milestone in that “acquired” gender is being legally recognized alongside biological gender, and transsexuals will likely continue to have increased legal rights.
If a transgender individual officially changes their gender, they can marry someone of their own former gender and adopt children together. If they change their gender to female, they will enjoy all women’s rights guaranteed by the constitution. However, legal relations established prior to the operation will be upheld in order to avoid confusion within the legal system. For example, if a married woman with kids becomes a man she is still legally the mother of those children.
The decision does not, however, grant permission to all transgender people to officially and legally change their sex. The court specified that only those individuals who have been diagnosed with “transsexualism” and undergone psychiatric treatment and lived as that gender will be granted permission.
The Military Manpower Administration stated it would not draft individuals who changed their registered sex from male to female, while those who changed from female to male will be forced to serve in the military.
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