South Korean Supreme Court Recognizes Same-Sex Couples' Rights In Landmark Ruling

The LGBTQIA+ made significant progress in South Korea after winning a landmark ruling.

On Thursday, South Korea’s Supreme Court ruled in favor of the same-sex couple, So Sung Wook and Kim Yong Min, who pursued receiving the same spousal coverage as heterosexual couples from the National Health Insurance Service (NHIS). South Korea’s current laws, unfortunately, do not legally recognize same-sex marriage.

Same-sex partners So Sung-wook, left, and Kim Yong-min hold hands as they leave the Supreme Court in Seocho-gu, southern Seoul, Thursday. (Yonhap) — Same-sex partners So Sung Wook (left) and Kim Yong Min (right) hold hands as they leave the Supreme Court in Seocho-gu, southern Seoul, Thursday. | *Yonhap*

Kim and So had registered as a national health insurance policyholder and his dependent, respectively, in February 2020. While the insurance agency had originally acknowledged So as a dependent, offering him coverage under partner Kim’s employer-based health insurance program, the agency flipped its judgment. This resulted in late fees being imposed in the fall of 2020, with the claim that “his marital status was not validated.”

In February of 2021, So filed an administrative lawsuit against the NHIS, objecting to the “state-run agency’s order against him to pay insurance premiums, demanding back-payments,” especially since he was not earning money then. When a non-working individual is under their employed spouse’s employer-provided insurance policy, they are exempted from contributing.

The couple cried tears of joy — | *Jung Yeon-je via AFP*

Last year, the high court ruled in favor of the demand for NHIS to recognize So Sung Wook as eligible for coverage under his partner Kim Yong Min’s national health insurance coverage subscription, which the top court’s landmark ruled today. Previously, the Seoul High Court’s ruling had overturned another lower court’s decision that there was no legal obligation for national health insurance to acknowledge same-sex couples.

‘The National Health Insurance Act does not exclude a non-earning partner in a same-sex relationship (from its beneficiaries),’ read the Supreme Court ruling. The ruling has viewed same-sex couples as an ‘economic community akin to a conjugal partnership. It is a discrimination of sexual orientation to exempt (a beneficiary from the same benefits as heterosexual couples). It is also an act of discrimination that infringes on the rights to be treated equally under the law, the right to pursue happiness, freedom of privacy and violates human dignity and value.’

— The Korea Herald

South Korea’s supreme court has upheld a landmark ruling that same-sex couples are entitled to spousal health insurance benefits.

This marks a major win for LGBTQ+ rights in the country, potentially paving the way for same-sex marriage. pic.twitter.com/aE7NlYiRyK

— Pop Base (@PopBase) July 18, 2024

So and Kim left the court holding each other’s hands, while others held rainbow umbrellas, symbolizing the support for the LGBTQ+ community. It’s been a years-long fight, but it was worth it, as the couple wept tears of joy at the press conference.

We hope that the sexual minorities can have equal access to the marriage system here (as heterosexual couples). We also hope (today’s ruling) would work as a bridge towards achieving marriage equality.

— So Sung Wook