South Korea’s supreme court affirmed on Thursday that a same-sex partner is eligible for spousal benefits from state health insurance.
This landmark decision was celebrated as a significant advancement for LGBTQ rights in the country, which has lagged behind other regional nations.
The ruling is conclusive and not subject to further appeal.
Amnesty International praised the decision, stating, “Today’s ruling is a historic victory for equality and human rights in South Korea. The court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all.”
The ruling upholds a previous decision by the Seoul High Court from early in 2023, which mandated that the National Health Insurance Service must extend equal spousal benefits to So Sung-wook and Kim Yong-min, a gay couple who sued in 2021 after their spousal benefits were revoked.
Kim expressed his elation outside the court, saying, “I couldn’t believe when I heard the ruling. I was extremely happy and I started crying. It took four years to earn this dependent status. We need to fight harder to legalize same sex marriage going forward.”
Chief Justice Jo Hee-de, in a televised trial, explained that denying the couple benefits, despite the national health insurance act lacking specific references to same-sex unions, amounted to 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 stated.
Although So and Kim consider themselves a married couple, their marriage lacks legal recognition in South Korea.
Lawyers and advocates view the ruling as the first legal acknowledgment of same-sex unions in the country.
Chang Suh-yeon, one of the couple’s attorneys, remarked, “With this ruling today, the legal status of same-sex couples will be recognized in the public system, so I think the existence of same-sex couples will become more visible.”
While Taiwan and Thailand have successfully legalized same-sex marriage, South Korea has yet to provide legal recognition of LGBTQ partnerships, compelling couples to seek marriage abroad.
The Supreme Court’s decision is seen as a “stepping stone for progress” towards marriage equality, according to Horim Yi, an activist with the LGBTQ campaign group Marriage For All. “It’s going to be a very hopeful ruling for same-sex couples living in South Korea,” Yi commented.
In 2023, the couple shared with Reuters their desire to be open about their journey to help “change people’s opinions and help other LGBTQ people like us gather up courage.”
Despite efforts to pass LGBTQ rights laws, conservative religious groups in South Korea have fiercely opposed such initiatives, leading many individuals to conceal their identities in the workplace and struggle for equal recognition.
In anticipation of the ruling, conservative Christian groups demonstrated outside the court, holding banners that read, “Same sex families are nonsense. Supreme Court, overturn the Seoul High Court’s ruling!”
