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The Supreme Court¡¯s ruling on Thursday that transsexuals can have their official gender changed in the Family Register paves the way for legally recognizing acquired as well as biological gender. Transsexuals will consequently have new legal rights and duties.
If transsexuals change their official gender, they can marry someone of their former sex, and they can have children by adoption. If their changed sex is female, they enjoy all women¡¯s rights guaranteed by law. But legal relations formed before the sex change will be maintained to avoid confusion to the legal system. For instance, if a married man with children becomes a woman, she remains for legal purposes the father -- and unless divorced the husband.
However, Thursday¡¯s decision does not give a blanket permission to all transgender people to change their official sex. The court specifies only those who have been diagnosed with transsexualism and received psychiatric treatment to no avail, and have lived as the opposite sex both physically and socially.
Meanwhile, the Military Manpower Administration said it will not conscript those who change their registered sex from male to female in line with the court¡¯s decision, while those who change their registered sex from female to male will have to serve. Korean men are required to finish their military service between 19 and 30. In the case of those who stay illegally overseas, the age limit is 35.
(englishnews@chosun.com )
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