트랜스젠더(transgender)의 헌법적 문제

Abstract

Transgender means the symptoms that occur when one identifies his gender as the opposite gender to the biological one or people who have these symptoms. Many problems may happen if transgender people can not change their first names and sex designations in their birth registration and marry and they are discriminated. Transgender people have rights to change of first name and sex designation, to marry and not to be discriminated. These rights are justified on the ground of constitutional law. Generally constitutional laws of most countries in the world provide rights to personality, freedom to marry and equality before the law. In Germany, transgender people can change their name and sex designation on legally strict conditions: compulsive sense of belonging to the other sex, two opinions of the experts in transsexualism etc. Futhermore, they can marry and may not be discriminated. Legal situations of transgender in England are the same as in Germany. Transgender people in most of states of the U.S. can change their sex designation by court order and marry. These legislations reflect a general trend in the world towards the protection and promotion of human rights for transgender. There are no parliamentary legislation about the change of first name and sex designation and the marriage of transgender people in Korea. However, Korea has a general anti-discrimination law (National Human Rights Commission Act), but the gender identity is not numerated as one of the grounds of prohibited discrimination. Therefore, it is urgently necessary to make laws on the protection of human rights and non-discrimination against transgender people. Transgender people are sexual minorities. Many people have a stereotype and prejudice about them. According to the stereotype and prejudice, people don‘t try to recognize the constitutional rights of transgender people to freedom and equality before the law. However, legal protection of transgender people contributes the social pluralism and the promotion of human rights of a whole community.