트랜스젠더의 법적 성별정정제도에 대한 입법적 제안

According to the National Human Rights Commission of Korea’s survey on the hate and discrimination against transgender people, only 47 (8.0%) of the 591 respondents completed legal gender recognition. The reason is due to the current strict standards and procedures for legal gender recognition. In 2006, the Supreme Court approved the legal gender recognition of transgender people, and in the same year, the Supreme Court established the regulation about the criteria and procedures for gender recognition. However, the Supreme Court's criteria is too strict, including sterilization, genital surgery, not being married, and having no minor children. On the procedural side, various complicated documents are required and insulting questions are sometimes asked by judge. Everyone shall have the rights to recognition everywhere as a person before the law. Nevertheless, most korean transgender people are not guaranteed such rights. On the other hand, legal gender recognition is basically a matter of legislation in that it determines the legal status of gender. Therefore, the National Assembly and the Government have to enact a law on legal gender recognition. This paper propses to enact law on legal recognition of gender, which is reflects the latest medical and social discussions on transgender people and stipulates “fast, clear and accessible legal gender recognition procedures based on self-determination” under international human rights standards.