Police advice to LGBTQ+ individual to avoid public restrooms ruled as rights violation

Participants march in a street in Daejeon Metropolitan City after attending a queer culture festival  on July 6. Yonhap

A court has ruled that police advising an LGBTQ+ individual, who was undergoing the process of gender correction and changing their resident registration number, to avoid using public restrooms for a period constitutes an infringement of personal rights.

The court’s decision highlights the illegality of such remarks, noting that they fail to consider the reality faced by LGBTQ+ individuals who often struggle with using public restrooms due to societal scrutiny.

The Seoul Central District Court (presiding judge Chung In-jae) dismissed an appeal and ruled partially in favor of plaintiff A in a damages lawsuit against the state.

Neither party appealed the decision, making it final on July 2. The court awarded 300,000 won ($240) in damages, recognizing a portion of the 커뮤니티 3 million won claim.

In 2020, the plaintiff A received court approval to change their gender from male to female on the family register.

During the process of changing their resident registration number, A inquired with the police “about the potential issues of using women’s public restrooms and presenting a gender correction report receipt if confronted by the police.”

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