By Kim Rahn
Staff Reporter
The state human rights body has recommended the military authorities improve their rules on physical examination for drafting transsexuals to minimize their sense of shame.
The recommendation was issued after a 29-year-old man who changed gender from female to male, filed a petition with the National Human Rights Commission for his alleged humiliation during a medical checkup for military conscription.
The man, Kim, changed his legal sex to male on family registration records following a local court's decision last September. But Kim has not changed his genital organ into that of man as he could not undergo a transsexual operation due to his physical weakness linked to a chronic disease.
Two months after the legal sex change, the military authority told him to have physical examination for conscription.
An army surgeon took Kim to a separate ward and asked him to take off his pants because he wanted to check whether Kim had a man's genital organ. Kim protested but finally accepted the demand, but felt ashamed.
Kim filed the petition with the commission in February, claiming the military forced him to expose his private parts although it was aware of his sex change as he had submitted the court's ruling and a medical certificate to the conscription agency.
The commission said Monday it has recommended the National Defense Ministry and the Military Manpower Administration change their regulations about physical examination for transsexuals.
``This case was not illegal, but was an infringement of personal rights for Kim who has a unique body condition,'' the commission said.
The military authorities said the examination on Kim was proper, as it was made under Kim's consent at a place separated from others in accordance with the rules.
The number of people who change their legal sex through court ruling stood at 73 last year, and those who change the gender from female to male should have physical examinations for the draft if they are under 30.
However, the military rules on physical checkups do not have specific clauses for transsexuals. In classifying draftees, it is considered whether they have male sex organs, but the rules do not acknowledge transsexuals' artificial implant. So, transsexuals, although they have man's genital organ through operation, are exempted from the military service after physical examination, and four transsexuals have been exempted from the duty as of June.
The manpower administration said it proposed that the Ministry of National Defense exempt transsexuals from military service only through review of the court ruling and medical certificates. The ministry said it would come up with proper measures considering the growing number of transsexuals.
rahnita@koreatimes.co.kr |
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