South Korea high court recognizes same-sex couples for first time
In a groundbreaking ruling, South Korea’s high court has recognized the legal status of same-sex couples in the country for the first time, ordering that spousal coverage under the National Health Insurance Service be applied equally to both LGBTQ+ and non-LGBTQ+ couples.
The ruling came after a lawsuit was filed by couple So Sung-uk and Kim Yong-min, who argued that they should be entitled to the same spousal insurance benefits as those granted to heterosexual couples, despite the fact that same-sex marriage is not yet legal in South Korea.
After living together for six years, So and Kim had a wedding in 2019 and registered with the NHIS in 2020, with Kim as the policyholder and So as the dependent. However, the NHIS later revoked So’s insurance status, claiming that his marriage was not valid.
A lower court had initially ruled against the couple, but the Seoul high court overturned the ruling on Tuesday and ordered the insurance service to cover the costs of both sides of the case.
“The plaintiff and his partner are both male, but they agreed to recognize each other as loving partners who take care of each other,” the ruling reportedly stated. “One financially relies on the other. They declared their partnership before their families and friends. This makes their relationship no different in essence from that of a married couple.”
It’s important to note that the ruling does not recognize same-sex marriage as legal, but it is still a significant step forward for LGBTQ+ couples in South Korea.
So expressed his joy at the ruling, saying, “I feel delighted because I felt like the judges told us through this court decision that my feelings of love for my husband shall not be a target of curse, ignorance, or insult. I can say with confidence that love wins, and discrimination or hate do not.”
The couple’s attorney, Park Han-hee, who is transgender, also emphasized the importance of this moment, stating, “This court ruling is not just about individuals fighting over insurance payments. Instead, I hope the ruling can set a precedent that discourages the state from hindering same-sex couples’ rights.”
