3) Discussion of Transgender Gender Recognition Criteria A) Supreme Court en banc Decision On Nov. 24, the Supreme Court ruled that gender recognition should not be denied to a transgender person who is not married only on the grounds that he/she has a minor child. In order to legally correct gender, a transgender person must apply to the court for permission to correct registration, and the court considers the status of gender affirming surgery, loss of fertility, marital status, and whether there are minor children pursuant to the ‘Guidelines for Handling Application for Permission for Gender Recognition of Transgender Persons.’ The applicant in this case underwent a gender reassignment surgery after divorcing due to gender identity issues, and has two minor children. The trial and appellate courts rejected the gender correction on the grounds that, in accordance with the existing precedent, ‘permitting gender correction of an applicant with minor children is against the welfare of the child.’ In 2011, the Supreme Court held that gender recognition is not permitted if a person is “currently married or has minor children.” The issue in this case, as defined by the Supreme Court, is whether it is appropriate to consider the case of a transgender person, who is not currently married and have a minor child, to have met the conditions of disapproving the gender recognition. Regarding this, the Supreme Court stated that various factors must be taken into consideration, in order to achieve harmony between the protection of the fundamental rights of transgender people and the protection of minor children, and that gender recognition should not be denied just because of the fact that there are minor children. It is desirable to permit gender recognition by examining various circumstances that exist or may occur between a transgender parent and a minor child, for the welfare of the minor children. Moreover, transgender people, as equal members of Korean society, have the right to form a personality and lead a life according to their gender identity, and the gender recognition does not cause a significant change in the relationship between a transgender person and their minor children or affect the substance of their rights and obligations. Civil society groups welcomed the Supreme Court’s decision to change the previous precedent and guarantee the rights of transgender people after 11 years.458) However, some 192