Current Version
| Region | South Korea |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | Mar 16, 2020 |
| End Date | (none) |
| Description | Since 2020, all criteria that was previously mandatory has become optional, and the court will request them on a case-by-case basis. First approved legal case of FTM gender recognition without sterilization occured in 2021, and for MTF in 2023. Despite this, most judges still view the surgery as a prerequisite, and thus those seeking LGR often move to district with lax requirements. In 2024 Cheongju District Court has suggested a new criteria "based on subjective experiences of gender and gender identity, fitness to the identifying gender role, medical criteria and external presentation (not necessarily sterilization), and impression by a 3rd party." |
| Sources | https://www.transgender.or.kr/29/?q=YToyOntzOjEyOiJrZXl3b3JkX3R5cGUiO3M6MzoiYWxsIjtzOjQ6InBhZ2UiO2k6Mjt9&bmode=view&idx=6259214&t=board&category=dtl3T42x8T https://news.kbs.co.kr/news/pc/view/view.do?ncd=7958567&ref=A https://www.hani.co.kr/arti/society/rights/1139612.html |
| Federal Law | Yes |
Revision History (5)
edited by EqLawyer. The legal status cannot be dismissed as ambiguous simply due to a lack of explicit statutory criteria. Since gender reassignment is legal, the established precedent requiring surgical intervention must be applied as the baseline standard.
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | (REMOVED) | Legal, but requires surgery |
| Special Status | Ambiguous | Legal, but requires surgery |
edited by DaisyGeekyTrans. The description of the status sounds very much ambiguous rather than no restrictions. Feel free to correct me if I'm wrong.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Legal, no restrictions | (REMOVED) |
| Special Status | Legal, no restrictions | Ambiguous |
| Federal Law | No | Yes |
edited by ckd. legal, although a court proceeding is required to change gender on legal documents
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Value | (REMOVED) | Legal, no restrictions |
| Special Status | Ambiguous | Legal, no restrictions |
created by cherryband
Helpful?
0 | Original entry | |
|---|---|
| Status | Ambiguous |
| Start Date | Mar 16, 2020 |
| End Date | Jan 1, 2024 |
| Description | Since 2020, all criteria that was previously mandatory has become optional, and the court will request them on a case-by-case basis. First approved legal case of FTM gender recognition without sterilization occured in 2021, and for MTF in 2023. Despite this, most judges still view the surgery as a prerequisite, and thus those seeking LGR often move to district with lax requirements. In 2024 Cheongju District Court has suggested a new criteria "based on subjective experiences of gender and gender identity, fitness to the identifying gender role, medical criteria and external presentation (not necessarily sterilization), and impression by a 3rd party." |
| Sources | https://www.transgender.or.kr/29/?q=YToyOntzOjEyOiJrZXl3b3JkX3R5cGUiO3M6MzoiYWxsIjtzOjQ6InBhZ2UiO2k6Mjt9&bmode=view&idx=6259214&t=board&category=dtl3T42x8T https://news.kbs.co.kr/news/pc/view/view.do?ncd=7958567&ref=A https://www.hani.co.kr/arti/society/rights/1139612.html |