Transgender people in South Korea

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Transgender is a term describing someone with a gender identity inconsistent with that which was assigned to them at birth. In South Korea, transgender communities exist and obtaining gender affirmation surgery is possible, but there are many barriers for transgender people in the country. The former head of the LGBT Human Rights of Korea once stated that "Of all sexual minorities, transgender is the lowest class. They are often abandoned by their families and most of them drop out of school because of bullying. The inconsistency between their appearance and their citizen identification numbers often makes it hard for them to land decent jobs." [1]

Contents

History of transgender people in Korea

Early history

On August 13, 1955, the Seoul Red Cross Hospital successfully performed the first gender reassignment surgery in Korea. [2]

History of transgender people in the entertainment industry

Since then, there have been multiple transgender people in the public eye in South Korea since the early 2000s. The second person in South Korea to legally change their sex was Harisu (하리수), a South Korean singer, model, and actress. To "create a space for the many who have hurt like I do and are isolated a little with seniors and juniors" Harisu opened "Tran-Mix in Apgujeong, Seoul in June 2009. [3] Lady (레이디) debuted in 2005 with four members, Sinae (신애), Sahara (사하라), Binu (비누), and Yuna (유나) and was the country's first all transgender group. The group was inspired by the emergence of Harisu and her subsequent rise to fame. They later disbanded in 2007. South Korean model and singer Choi Han-bit (최한빛) debuted in the girl group Mercury (머큐리) in 2016. [4]

South Korean military and LGBT soldiers

Byun Hui-su (byeonhyisu), a former soldier in the South Korean military and the first openly transgender soldier in the South Korean military, was discharged from the Korean army on January 22, 2020, after being declared "handicapped" as a result of her gender affirmation surgery. Byunhuisu.png
Byun Hui-su (변희수), a former soldier in the South Korean military and the first openly transgender soldier in the South Korean military, was discharged from the Korean army on January 22, 2020, after being declared “handicapped” as a result of her gender affirmation surgery.

The South Korean military has historically discriminated LGBT identified soldiers. In 2020, two soldiers were prosecuted for engaging in consul oral sex, which according to the military code (Article 92-6) "bordered on rape." Soldiers have also been prosecuted under this code during their off duty time. [5] Transgender people are not allowed to serve in the military. Byun Hui-su (변희수), a former soldier in the South Korean military and the first openly transgender soldier in the South Korean military, was discharged from the Korean army on January 22, 2020, after being declared “handicapped” as a result of her gender affirmation surgery. [6]

South Korea has no comprehensive set of anti-discrimination laws, but the “National Human Rights Commission of Korea has interpreted the prohibition of discrimination based on sexual orientation to cover discrimination on the basis of gender identity and against transgender people.” [7] However, these guidelines are non-binding and the Human Rights Commission of Korea lacks enforcement power. [8] Transgender people can change their legal gender on identification documents with a court decision, which is issued if individuals meet strict requirements including being 19 years old or older, not being married, parental consent, and having no minor children. South Korea is the only country to require parental consent for adults to change their gender and South Korea and Japan are the only countries that require proof of nonmarital status. [9] In June 2015, South Korean courts overturned a ruling banning LGBT+ pride parades imposed the month prior. The ban was the first in the 15 year event's history. [10]

The only two genders legally recognized in South Korea are male and female. [9] People identifying with other gender identities have no legal recourse to redefine their gender on identifying documents.

Transgender people and Korean culture

Religion

Confucianism and its principles play a significant role in Korean culture. Confucianism became the official state religion of the Han dynasty in the 2nd century BCE. After the 14th century, Neo-Confucianism became widely accepted. This form of Confucianism emphasizes strict hierarchical roles in both the public and private sphere. [11]

Society

In South Korea, "to change one's gender is to change one's gender role" as legal identification is closely tied with family relations, especially in regard to the use of family registers. [9] In addition, the resident registration number (주민등록번호) issued to all Korean residents uses birth year and gender to generate the seventh digit of the number.

Attitudes towards transgender people

The UCLA School of Law Williams institute conducted a study in 2019 surveying Korean citizens to gauge public opinion of transgender rights in South Korea. According to the survey, “a majority supports access to gender-affirming surgery, the right to conceive or give birth to children, government protection from discrimination, and the right to serve in the military.” However, the public expressed lower support with regard to marriage to a person of the individual's birth sex, adoption, and bathroom use consistent with one's gender identity. [7]

Surveys indicate that healthcare professionals in South Korea tend to hold strongly negative opinions of transgender individuals. It has also been found that healthcare providers with higher knowledge of trans people and trans issues had more positive dispositions towards trans people, but that healthcare providers with negative views tended to involve themselves much more heavily with the collection of data regarding trans people. [12]

Literature

Ha Seong-nan's Flowers of Mold includes a story entitled "Your Rearview Mirror" with a transgender character. The character's plot line has been regarded as transphobic by some critics. [13]

Terminology

Related Research Articles

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The following outline is provided as an overview of and topical guide to transgender topics.

<span class="mw-page-title-main">Transgender rights in Canada</span> Rights of transgender individuals in Canada

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<span class="mw-page-title-main">LGBT rights in South Korea</span>

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<span class="mw-page-title-main">Transgender</span> Gender identity other than sex assigned at birth

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<span class="mw-page-title-main">LGBT people in prison</span> Lesbian, gay, bisexual, transgender and queer people in prison

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<span class="mw-page-title-main">LGBT rights in New York</span>

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<span class="mw-page-title-main">LGBT rights in Tennessee</span>

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<span class="mw-page-title-main">LGBT rights in Idaho</span>

Lesbian, gay, bisexual and transgender (LGBT) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBT people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.

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<span class="mw-page-title-main">LGBT rights in Kerala</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Kerala face legal and social difficulties not experienced by non-LGBT persons. However, Kerala has been at the forefront of LGBT issues in India after Tamil Nadu. It became one of the first states in India to establish a welfare policy for the transgender community and in 2016, proposed implementing free gender affirmation surgery through government hospitals. Same-sex sexual activity has been legal since 2018, following the Supreme Court ruling in Navtej Singh Johar v. Union of India. In addition, numerous LGBT-related events have been held across Kerala, including in Kochi and Thiruvananthapuram. However, there is also increasing opposition to LGBT rights recently as evidenced by the anti-LGBT campaigns spearheaded by meninist groups and Muslim organisations like Indian Union Muslim League, Samastha and Jamaat-e-Islami.

<span class="mw-page-title-main">Transgender rights in Germany</span> Rights of transgender people living in Germany

Transgender rights in the Federal Republic of Germany are regulated by the Transsexuellengesetz since 1980, and indirectly affected by other laws like the Abstammungsrecht. The law initially required transgender people to undergo sex-reassignment surgery in order to have key identity documents changed. This has since been declared unconstitutional. The German government has pledged to replace the Transsexuellengesetz with the Selbstbestimmungsgesetz, which would remove the financial and bureaucratic hurdles necessary for legal gender and name changes. Discrimination protections on the basis of gender identity and sexual orientation vary across Germany, but discrimination in employment and the provision of goods and services is in principle banned countrywide.

The issue of transgender people and military service in South Korea is a complex topic, regarding gender identity and bodily autonomy. Currently, transgender women are excluded from the military of South Korea.

<span class="mw-page-title-main">LGBT health in South Korea</span>

The health access and health vulnerabilities experienced by the lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual (LGBTQIA) community in South Korea are influenced by the state's continuous failure to pass anti-discrimination laws that prohibit discrimination based on sexual orientation and gender identity. The construction and reinforcement of the South Korean national subject, "kungmin," and the basis of Confucianism and Christian churches perpetuates heteronormativity, homophobia, discrimination, and harassment towards the LGBTQI community. The minority stress model can be used to explain the consequences of daily social stressors, like prejudice and discrimination, that sexual minorities face that result in a hostile social environment. Exposure to a hostile environment can lead to health disparities within the LGBTQI community, like higher rates of depression, suicide, suicide ideation, and health risk behavior. Korean public opinion and acceptance of the LGBTQI community have improved over the past two decades, but change has been slow, considering the increased opposition from Christian activist groups. In South Korea, obstacles to LGBTQI healthcare are characterized by discrimination, a lack of medical professionals and medical facilities trained to care for LGBTQI individuals, a lack of legal protection and regulation from governmental entities, and the lack of medical care coverage to provide for the health care needs of LGBTQI individuals. The presence of Korean LGBTQI organizations is a response to the lack of access to healthcare and human rights protection in South Korea. It is also important to note that research that focuses on Korean LGBTQI health access and vulnerabilities is limited in quantity and quality as pushback from the public and government continues.

South Korean military laws and procedures discriminate against sexual minorities, or lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals, who serve in the military. At the time of enlistment, recruits are categorized based on their physical and mental health. Sexual minorities can be marked as having a “mental handicap” or “personality disorder,” which determines their status and duties as personnel. They can also be institutionalized in a mental facility or be dishonorably discharged. Military personnel have reported experiencing harassment, violence, and forcible revealing of their sexual orientation and/or gender identity.

References

  1. ↑ "Progress is slow for Korea's transgenders". Korea JoongAng Daily . 10 May 2011. Retrieved 2021-07-05.
  2. ↑ "Korean Red Cross Annual Report" (PDF). Korean Red Cross. 2017.
  3. ↑ "하리수, 트렌스젠더 클럽 '믹스 트랜스' 오픈". autotimes.hankyung.com. Retrieved 2021-07-05.
  4. ↑ "트렌스젠더 최한빛 걸그룹 '머큐리'로 데뷔". HuffPost Korea (in Korean). 2016-03-09. Retrieved 2021-07-05.
  5. ↑ Seoul, Raphael Rashid in (2021-06-15). "South Korea says consensual sex act between male soldiers 'bordered on rape'". the Guardian. Retrieved 2021-07-05.
  6. ↑ "LGBT rights movement in South Korea facing challenges in law and practice from conservative groups - CIVICUS - Tracking conditions for citizen action". monitor.civicus.org. Retrieved 2021-07-05.
  7. 1 2 Yi, Horim; Luhur, Winston; Brown, Taylor (November 2019). "Public Opinion of Transgender Rights in South Korea" (PDF). Research That Matters. UCLA Williams Institute.
  8. ↑ "FACT SHEET: LGBTQ Rights in South Korea – NQAPIA". Archived from the original on 2019-07-25. Retrieved 2021-07-05.
  9. 1 2 3 Na, Tari Young-Jung; Han, Ju Hui Judy; Koo, Se-Woong (2014). "The South Korean Gender System: LGBTI in the Contexts of Family, Legal Identity, and the Military". The Journal of Korean Studies. 19 (2): 357–377. doi:10.1353/jks.2014.0018. ISSN   0731-1613. JSTOR   43923275. S2CID   143736307.
  10. ↑ "South Korean court overturns ban on gay pride parade - UCA News". ucanews.com. Retrieved 2021-07-05.
  11. ↑ "Confucianism in Ancient Korea". World History Encyclopedia. Retrieved 2021-07-05.
  12. ↑ An, Yunhui; Chung, Chaewon (March 30, 2022). "Korean healthcare providers' attitude, knowledge, and behaviors regarding sexual orientation and gender identity: a cross-sectional survey". Korean Journal of Women's Health Nursing. 28 (1): 65–73. doi:10.4069/kjwhn.2022.03.11. PMC   9334205 . PMID   36312047.
  13. ↑ "The Character's Problem Should not be the Story's Problem: Flowers of Mold by Ha Seong-nan". Korean Literature Now (in Korean). Retrieved 2021-07-05.
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