South Korea’s Supreme Court recognises rights of same-sex partners in landmark ruling
South Korean same-sex couple So Seong-wook (L) and Kim Yong-min (R) react as they speak to reporters outside the Supreme Court building in Seoul on 18 July,, 2024 after the court’s ruling on a lawsuit against the National Health Insurance Service for their dependent family status. (Jung Yeon-je / AFP/ Getty)
South Korea’s top court has upheld the rights of same-sex couples in a landmark ruling that guarantees them the same insurance benefits as heterosexual partners.
The ruling means the country’s National Health Insurance Service (NHIS) can be claimed by people in same-sex partnerships, with the Supreme Court saying that treating same-sex couples differently from their heterosexual peers was an act of serious discrimination, according to Amnesty International.
It follows more than three years of legal battles and could pave the way for the recognition of same-sex marriages in the East Asian nation.
The decision upholds a Seoul High Court ruling from last year which ordered the NHIS to provide equal spousal coverage to gay couple So Sung-wook and Kim Yong-min, who filed a lawsuit in 2021 against the agency after it cancelled their benefits.
Chief justice Jo Hee-de said denying gay couples the benefits was: “An act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy and the right to equality before the law, and the degree of violation is serious.”
Denial of spousal insurance coverage to a gay couple because of their gender constituted discrimination based on sexual orientation, he explained.
Jubilant scenes followed after the ruling, with the couple chanting: “Love wins.”
Kim Yong-min told Reuters outside the court: “I couldn’t believe when I heard the ruling. I was extremely happy and I started crying. It took four years to earn this dependent status and we need to fight harder to legalise same-sex marriage going forward.”
Amnesty International’s East Asia researcher Boram Jang called the ruling a “historic victory for equality and human rights in South Korea”, adding: “It is disheartening that in 2024, same-sex couples still face such significant barriers to equality.
“South Korea should continue to embrace equality, diversity and inclusiveness to ensure that every LGBTI individual can enjoy equal access to healthcare and social security benefits in the country.”
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