Same-sex marriage may not be legal in South Korea yet but a recent landmark court ruling that recognized a same-sex couple’s right to spousal benefits has set a precedent for how future LGBTQIA+ rights cases are decided.
The Korea Times reports that the Seoul High Court ruled in favor of a gay couple calling for equal health insurance coverage for same-sex couples on Feb. 21. The ruling overturned a lower court’s decision and ordered the National Health Insurance Service (NHIS) to cancel its decision to withdraw So Seong-wook’s eligibility to receive spousal health insurance benefits as the enrolled dependent of his longtime partner Kim Yong-min.
Although So and Kim aren’t recognized as common-law partners, the court viewed the NHIS’ decision as discrimination based on sexual orientation considering how the state health insurance program provides spousal benefits to civilly married heterosexual couples.
So and Kim held their wedding ceremony in 2019. In February 2020, Kim was able to register So as his dependent under the employer-based health insurance program, the first known case of a same-sex couple being able to do so. However the NHIS reversed its decision, calling it an “administrative error.”
The couple first filed an administrative lawsuit against the NHIS in January 2021 but lost. The initial ruling by the Seoul Administrative Court stated that matrimony in South Korea is still considered a union between a man and a woman. So and Kim appealed the ruling which led to this week’s major victory.
“Today’s ruling showed that love conquers discrimination and hatred. I feel happy that the struggles and discrimination faced by many sexual minorities in Korea have become visible through the ruling. We are taking small steps towards equality,” So said at a press conference. His partner Kim added, “Our rights have been finally recognized in the legal system.”
So’s legal representative Park Han-hee affirmed this: “The court must have taken into account that same-sex couples are not fundamentally different from heterosexual couples and thus excluding them from state benefits is unconstitutional.”
Outside the court, LGBTQIA+ rights advocates joined the couple, holding rainbow flags and placards with the words love, equality, family, and happiness on them.
Here’s to hoping that this brings South Korea and neighbouring countries like ours significantly closer to legalizing same-sex marriage.
Photo by Paran Koo on Unsplash
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