Historic ruling marks a significant step forward for LGBTQ rights in South Korea
South Korea Supreme Court Upholds Same-Sex Spousal Benefits in Landmark Decision.
Court decision affirms equality and non-discrimination in state health insurance benefits.
South Korea’s Supreme Court upheld a ruling on Thursday declaring that a same-sex partner is eligible for spousal benefits under state health insurance. This landmark decision is celebrated as a major victory for LGBTQ rights in a country that has lagged behind other regional jurisdictions.
The ruling reaffirmed the Seoul High Court’s decision from early last year, which mandated the National Health Insurance Service to provide equal spousal coverage to So Sung-wook and Kim Yong-min. The gay couple had filed a lawsuit in 2021 after their spousal benefits were canceled by the agency.
“I couldn’t believe when I heard the ruling. I was extremely happy and I started crying,” Kim Yong-min told Reuters outside the court. “It took four years to earn this dependent status and…we need to fight harder to legalize same-sex marriage going forward.“
Chief Justice Jo Hee-de stated that denying benefits based on gender, despite the absence of specific clauses in the national health insurance act, constituted discrimination based on sexual orientation. “It is an act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy, and the right to equality before the law, and the degree of violation is serious,” Jo declared during the televised trial.
So and Kim, who have held a wedding ceremony and are often referred to as a married couple, are not legally recognized as married in South Korea. Lawyers and advocates hail the ruling as the first legal acknowledgment of a same-sex union in the country.
Initially, a lower court had ruled in favor of the insurer, arguing that a same-sex union could not be considered a common-law marriage under current law. However, the appellate court later reversed this decision.
While campaigns to legalize same-sex marriage have succeeded in Taiwan and Thailand, South Korea still lacks legal recognition for LGBTQ partnerships, often forcing couples to marry abroad to gain legal acknowledgment.
