Requiring surgical requirements for gender recognition by the court becomes a subject of criticism for making gender recognition difficult462) because they are required for legal reasons, even though not medically needed. The sex of others is not recognized in the form of external genitalia in social life, and genital reconstruction surgery is often not performed or cannot be performed depending on economic (cost) or medical factors (unnecessary and risky). Nevertheless, requesting this is contrary to the purpose of medical ethics of maintaining the highest attainable level of health,463) and is an unreasonable violation of the constitutional right not to be physically harmed.464) In this respect, Sweden, which had requested the removal of fertility as a requirement for gender recognition until 2013, has conceded to a claim for damages from the state.465) C) Right to Gender Recognition of Transgenders At its 19th session on Jun. 17, 2011, the UN Human Rights Council adopted its first resolution focusing on human rights violations based on sexual orientation and gender identity,466) and, at its 27th session on Sep. 27, 2014, it again adopted a new resolution on the prohibition of discrimination and violence based on sexual orientation and gender identity.467) In accordance with this resolution, the UN High Commissioner for Human Rights submitted ‘Discriminatory Laws and Practices and Acts of Violence Against Individuals Based on Their Sexual Orientation and Gender Identity’ report in 2011 and 2015, respectively, and the report recommended that each state issue legal identity documents that reflect the preferred gender upon application and eliminate harsh requirements, such as the removal of fertility and compulsory medical care.468) 462) According to the NHRCK’s 2020 ‘Survey on Hate and Discrimination Against Transgenders,’ only 8.0% (47 people) of 591 respondents completed legal gender recognition. 86.0% (508 people) had never attempted gender recognition, and the reasons for this were ‘due to the cost of medical treatment related to gender change’ (58.9%), ‘due to complicated legal procedures’ (40.0%), and ‘due to the health burden caused by medical treatments related to gender change” (29.5%). 463) Han, Ga-ram, Requirements and Issues of Gender Recognition of Transgenders, 1st Colloquium of the Korean Society of Law and Policy on Sexual Orientation and Gender Identity (SOGI), Jun. 29, 2013. 464) NHRCK Human Rights Status Survey, Survey on the Status of Transgender Hatred and Discrimination, 2020. 465) TGEU, Sweden announces to pay compensation to trans people. Mar. 28, 2017. 466) UN Human Rights Council, Human rights, sexual orientation and gender identity, Jul. 14, 2011 (UN Doc. A/HRC/ RES/17/19) 467) Human Rights Council, Human rights, sexual orientation and gender identity, 2014. 9. 24.(UN Doc. A/HRC/27/ L.27/Rev.1) 194