성별전환의 법담론 비판 = Lost in Transsexualism: A Critical Study on the Supreme Court`s Attempt to Legalize the Transsexualism

다국어 초록 (Multilingual Abstract)

A Transsexual is a marginal-``human`` standing across the boundary line that divides sexes: Male v. Female. Though he/she used to be labeled as a kind of violator of dominant norms, and be excluded from any meaningful relationships for making somewhat normal social life, such marginality may constitute meaningful tools with which we can disintegrate and reconstitute overall social system, Some attacks made to him/her can reveal a present situation how much human rights are guaranteed in this society. This paper deals with a Supreme Court`s decision which held some cases of transsexualism be protected by law and permitted, in that case, the transsexuals to change of sex in family register. But the requisites for such change are so much rigorous that most transsexuals can hardly make themselves legally authorised sexes in their family registers. The most severe one is that any applicant should take plastic operation of genital organ, and he/she should have same appearance of genitals of the opposite sex he/she wants to be. It is well known that such requisite is too severe, expensive and painful for any applicant, esp. F-M transsexual to satisfy. The other one is that of admission of the society that he/she belongs. The Supreme Court requires that transsexuals shall be recognized as the opposite sex that he/she wants to be in order to be registers as that sex. Such a decision shows negative attitude of the Supreme Court against transsexualism. The Supreme Court had less understanding on desires of the transsexuals than the needs of social order, which means the Court may regard transsexualism as a kind of socially deviant behavior rather than one of human rights. The Court did not emphasize the right to decide one`s own sexual life. It only stressed importance of ``Rechtssicherheit``. This paper criticise that decision which was derived from some prejudice against transsexualism. From that decision, one of the most prevailing bio-pouvior, in M. Foucault`s meaning, can be found out. A kind of bio-politique is operating not only in that legal struggle for transsexualism. It expands its battle line against all person in our society, It tries to force tacitly all of us to take social norms which has been imposed by the dominating powers, from which even one`s body can not be free. It declares that no one and no body be free from bio-pouvior. After all, most transsexuals` desires and human rights are lost in the transsexualism of the Supreme Court.