성별정정의 허용요건에 관한 비교법적 연구 — 일본과의 비교를 중심으로 —

Article 6 of the Guidelines for Processing Affairs, such as the application for gender correction permission for transgenders, stipulates the gender correction requirements for transgenders. Since the gender correction requirements of Korea are similar in substance to Japan's Act on Special Cases concerning Gender Treatment of Persons with Gender Identification Disabilities, it is possible to derive clues to the problems and directions for improvement of the guidelines for handling affairs in Korea by examining the meaning, legislative purpose, criticism, and judgment of the requirements stipulated in the Japanese Special Cases Act. The Supreme Court of Japan judged the requirements of the Special Cases Act on non-marriage, no child underage, and gonad removal surgery, and confirmed the unconstitutionality of the gonad removal surgery requirements. In the case of the Supreme Court of Korea, it was allowed through a full-bench ruling on the gender change application of a person with underage children, but there is no Supreme Court decision that directly judges other requirements. However, a number of decisions are being made around lower court to allow gender change for those who have not performed surgery to form external genitals. Matters related to gender correction are important issues related to the basic rights of the people, and it is a legislative matter of the National Assembly. Enacting a law on gender correction is the ultimate solution to meet the value of the principle of reservation to the parliamentary and legal stability. Until the National Assembly fulfills its legislative obligations, it is necessary to facilitate gender change of transgenders and the realization of sexual self-identity through revision of the regulations. In particular, it is reasonable to delete Article 6, Paragraph 3 of the Regulations requiring medical surgery.