In a landmark decision hailed as a major victory for LGBTQ rights, South Korea's Supreme Court ruled on Thursday that same-sex couples are entitled to the same health insurance benefits as heterosexual couples. This historic verdict has been celebrated by human rights groups and marks a significant step towards equality in a country where same-sex marriages are not legally recognized.
The Supreme Court declared that the state health insurance agency's refusal to provide spousal insurance coverage for gay couples was an act of discrimination, violating the constitutional principle of equality. "Today's ruling is a historic victory for equality and human rights in South Korea," Amnesty International stated. "The court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all."
This ruling is final and cannot be appealed, solidifying its impact on the legal landscape of South Korea. The legal battle that culminated in this decision began when the National Health Insurance Service revoked So Seong-wook's registration as a dependent of his partner, Kim Yong-min. This prompted So to file an administrative suit against the agency. In 2022, the Seoul Administrative Court ruled in favor of the insurance agency, but the Seoul High Court overturned this decision in February 2023, stating that denying So's spousal coverage rights without reasonable grounds was discriminatory.
Public opinion on gender and LGBTQ issues in South Korea has been evolving, but the country still lags behind other developed nations in recognizing and protecting LGBTQ rights. While this decision is a major milestone, it underscores the lengthy judicial processes that same-sex couples must endure to secure basic rights that should be universally guaranteed, Amnesty International noted.
Both So and Kim expressed profound relief and happiness following the court's decision. "When I listened to the verdict, I was so moved that I couldn't hold back my tears," So told reporters. "I hope the ruling will lead to South Korea legally accepting same-sex marriages." Kim echoed this sentiment, stating he was "very happy" because he felt the court recognized his love for So.
The ruling marks the first legal recognition of same-sex unions in South Korea, a significant step in the fight for marriage equality. Chief Justice Jo Hee-de emphasized that denying the couple benefits constituted discrimination based on sexual orientation, violating human dignity, the right to pursue happiness, freedom of privacy, and equality before the law. "The degree of violation is serious," Judge Jo stated during a televised trial.
Advocates and lawyers involved in the case have praised the ruling for its broader implications. "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," said Chang Suh-yeon, one of the lawyers representing the couple. Horim Yi, an activist at LGBTQ campaign group Marriage For All, described the ruling as a "stepping stone for progress" towards marriage equality, adding, "It's going to be a very hopeful ruling for same-sex couples living in South Korea."
Despite this legal victory, same-sex marriage remains unrecognized in South Korea, forcing many couples to move abroad to legally marry. The ruling provides a glimmer of hope and a foundation upon which further progress can be built. Last year, So and Kim shared their story with Reuters, hoping to change public opinion and encourage other LGBTQ individuals to find the courage to advocate for their rights.
Conservative religious groups in South Korea have been staunch opponents of LGBTQ rights, often leading to social and legal battles that force many LGBTQ individuals to hide their identities. Ahead of the ruling, members of conservative Christian groups held rallies outside the court, demonstrating their resistance with banners reading, "Same sex families are nonsense. Supreme Court, overturn the Seoul High Court's ruling!"
