청, 성전환 없는 성별정정 막아달라는 청원에 "법원 재판으로 결정"

Petition to Block Gender Correction Without Sex Reassignment Surgery Receives Blue House Response: "Executive Branch Cannot Intervene Due to Separation of Powers"

[Asia Economy Reporter Ryu Jeong-min] The Blue House stated that the petition requesting to block gender change without sex reassignment surgery should be decided by a court trial.

Kang Jeong-su, head of the Blue House Digital Communication Center, explained on the 8th, "We are responding to the petition requesting to block gender change without sex reassignment surgery. This petition received the agreement of over 220,000 citizens within one month after March 13."

Kang said, "The petitioner requested the withdrawal of the Supreme Court's amendment and enforcement of the administrative guidelines for family relationship registration on March 16, which changed the obligation to submit a medical opinion confirming sex reassignment surgery to an optional submission. The petitioner argued that allowing gender change without sex reassignment surgery through this amendment is inappropriate."

Photo by Mun Ho-nam munonam@

Kang emphasized, "Please widely understand that the enactment and amendment of the Supreme Court's administrative guidelines cannot and should not be interfered with by the executive branch under the principle of separation of powers."

Kang added, "In Korea, permission for gender change is granted through court trials, and judges make final decisions after reviewing each case. The administrative guidelines regulate procedures necessary for the trial of gender change permission applications and are legally only internal rules, so they do not have binding power over judges handling these cases."

Kang explained, "Judges refer to the administrative guidelines but make judgments based on a comprehensive consideration of facts, special circumstances, judicial justice, equity, and constitutional spirit for each application case."

The Supreme Court has stated, "The guidelines aim to revise or delete provisions that may be misunderstood as providing certain judgment criteria for matters to be decided by court trials, and to limit the guidelines to procedural matters necessary for administrative processing."

Kang clarified, "There is no change in the fact that the guidelines apply when permission for gender change is requested based on having undergone sex reassignment surgery due to gender dysphoria. However, the submission and investigation of necessary materials related to the trial have been revised to be optional. Permission for gender change applications is an area concerning judicial independence allowed through judges' trials."

This content was produced with the assistance of AI translation services.