Foreign laws related to gender recognition are diverse.469) The UK and Germany allow
gender recognition without surgery. In the US, the federal government does not have any
restrictions on gender affirmation or change in passports or social security cards, and there is
no provision requiring surgery for gender recognition on identification cards (driver’s
license), except for Texas, Iowa and Georgia. Argentina allows gender recognition simply
through individual application.
In Korea, gender is indicated on resident registration numbers and identification cards,
and legal gender is revealed in most areas of daily life, education, and employment. Under
the current system, gender on the register of family relations is regarded as the legal gender,
and is reflected accordingly on all official documents, including ID cards. Transgenders
experience widespread hatred and discrimination in everyday lives because their gender
identity does not correspond to their legal gender. Nevertheless, only 8.0% (47 people)
responded that they had changed their legal gender in the fact-finding survey, which is a
point to be considered.
As the Supreme Court decision stated, everyone has the right to fulfill their personality
and individuality based on their gender identity, and transgenders are no exception.
Transgenders, as equal members of Korean society, need to be able to think and work
together so that they can pursue happiness and live together with others.
468) UN Human Rights Council, Discriminatory laws and practices and acts of violence against individuals based on their
sexual orientation and gender identity, 2011. 11. 7.(UN Doc. A/HRC/19/41); UN Human Rights Council, Discrimination
and violence against individuals based on their sexual orientation and gender identity, 2015. 5. 4.(UN Doc.
A/HRC/29/23)
469) Han, Sang-hui, Statutory and Political Studies on Gender Recognition Criteria for Transgenders – Focusing on the
Gender Affirmation Surgery Requirements in the Supreme Court Decision, NHRCK, Collection of Materials from the
‘Hearing on Transgender Recognition Criteria,’ Oct. 20, 2022.
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