On Thursday, South Korea’s Supreme Court recognized new rights for same-sex couples, mandating that the state provide health insurance coverage for a gay man’s partner. This landmark decision sparked celebrations among activists, many of whom were moved to tears of joy.
The court ruled, “National Health Insurance should recognize spousal insurance coverage for same-sex couples,” prompting cheers from activists as the verdict was delivered. As the country’s highest court, this decision is final and unappealable. This ruling allows common-law same-sex spouses to register as dependents on their partners’ health insurance plans.
“It is discrimination based on sexual orientation to exclude the couple just because they are same-sex,” the court stated. “It is a discriminatory act that violates human dignity and values, the right to pursue happiness, freedom of privacy, and the right to be equal before the law. The degree of infringement is serious.”
The case was initiated by So Seong-wook and Kim Yong-min, a gay couple who have lived together since their wedding ceremony in 2019, which lacks legal recognition as South Korea does not acknowledge same-sex marriages. In 2021, So sued the National Health Insurance Service (NHIS) after it terminated benefits for his partner upon discovering they were a gay couple.
In a groundbreaking decision last year, a Seoul High Court sided with the couple, ordering the NHIS to reinstate the dependent benefits. The NHIS, which provides spousal coverage to common-law partners, appealed the decision, escalating the case to the Supreme Court.
The Supreme Court’s ruling marks a pivotal moment for South Korea’s LGBTQI community. Many people, holding rainbow umbrellas, left the court in tears of joy. Despite the lack of legal recognition for same-sex marriages, gay relationships are not criminalized in South Korea, although LGBTQ individuals often live discreetly.
Activists have long called for legislation to protect against discrimination based on sexual orientation. A proposed anti-discrimination law has stalled in South Korea’s parliament for years due to a lack of consensus among lawmakers.
Outside the court, anti-LGBTQI Christian groups protested, holding banners that read, “Let us repent to the Lord.” When So Seong-wook and Kim Yong-min tried to hold a press conference after the verdict, they were interrupted by Christian activists shouting, “Homosexuality is a sin!”
Amnesty International hailed the ruling as “a historic victory for equality and human rights in South Korea.” The rights group stated, “The Court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all. While this decision is a major milestone, the case itself is a sobering reminder of the lengthy judicial processes that same-sex couples must endure to secure basic rights that should be universally guaranteed. It is disheartening that in 2024, same-sex couples still face such significant barriers to equality.”
This Supreme Court decision is a significant advancement for LGBTQI rights in South Korea, setting a precedent for future legal and social progress.
