It shits me so much that something so obvious has to become the province of the law and the courts to legislate on and even worse can’t make consistent decisions. Changing your gender on your birth certificate should be as easy as changing your name or applying for a passport (ok, maybe not a good example). It shouldn’t have to go to a court, which have much better things to do with their severely limited time. Legislation based on narrow and conservative definitions of gender is cowardly and ineffectual response to what should never have become a complex issue. And furthermore, it unequivocally should not be dependant on whether you’ve had sex-reassignment surgery – whatever the fuck that term is supposed to mean.
Koreans who have undergone surgery to change their gender are calling for standard procedures in courts to facilitate the process of changing their family records to reflect their altered sexuality.
Although the exact figure remains uncertain, there are reportedly between 4,000 and 10,000 transsexuals in Korea. According to the Department of Court Administration at the Supreme Court of Korea, 81 individuals have filed suit in regional courts to change their gender on their family records. Forty of the cases have been dismissed.
The department pointed out that the number of suits has increased dramatically since television star Ha Ri-su was permitted to register as a woman in 2002 following transgender surgery.
Transsexuals argue that without an established set of rules, whether they are allowed to alter their records depends too much on the discretion and personal values of judges who handle the cases. They point out that between 2000 and 2004, the Gwangju District Court ruled 9 of 11 such cases in favor of the transsexuals, while in the same period, 10 out of 13 cases were dismissed by the Busan District Court.
Transsexuals seek consistent court rulings over gender
June 07, 2005 ㅡKoreans who have undergone surgery to change their gender are calling for standard procedures in courts to facilitate the process of changing their family records to reflect their altered sexuality.
Although the exact figure remains uncertain, there are reportedly between 4,000 and 10,000 transsexuals in Korea. According to the Department of Court Administration at the Supreme Court of Korea, 81 individuals have filed suit in regional courts to change their gender on their family records. Forty of the cases have been dismissed.
The department pointed out that the number of suits has increased dramatically since television star Ha Ri-su was permitted to register as a woman in 2002 following transgender surgery.
Transsexuals argue that without an established set of rules, whether they are allowed to alter their records depends too much on the discretion and personal values of judges who handle the cases. They point out that between 2000 and 2004, the Gwangju District Court ruled 9 of 11 such cases in favor of the transsexuals, while in the same period, 10 out of 13 cases were dismissed by the Busan District Court.
In Seoul Family Court, six cases were passed from 2002 to 2003, when Hwang In-haeng was the court’s head; his successor, Song Ki-hong, dismissed all four transgender suits he has handled since his term began in early 2004.
Analysts explain that judges are being cautious when they deal with transgender issues after a Supreme Court conference in 2003 noted that transgender suits could “create a significant ripple in Korean society and thus warranted careful deliberation by judges.”
Transsexuals say they have difficulty in day-to-day social activities because their actual appearance is different from their photos on resident registration cards.
“A lot say, ‘If Ha Ri-su can change the record, why can’t I?'” said attorney Lee Jeong-sun. “Some of them are intentionally choosing to go to courts where judges have a reputation for permitting them to change their records.”