On Tuesday, the Seoul High Court passed the judgement that the state’s health insurer should provide spousal benefits to a same-sex couple, with lawyers and advocates saying this decision indicates the first legal recognition of same-sex union in South Korea.
The ruling annulled a lower court’s decision that a same-sex couple was not qualified for benefits that most law couples can reap from the National Health Insurance Service.
Ryu Min-hee, a lawyer of the complainant couple stated that the High Court’s judgement was the “first recognition of the legal status of a same-sex couple.”
In the statement, the couple, So Sung-wook and Kim Yong-min, said, “We are delighted. It is not only our victory but also a victory for many same-sex couples and LGBTQ families in Korea.”
The complainant, So Sung-wook, filed a lawsuit against the National Health Insurance Service in 2021 after the couple was rejected for spousal benefits. The decision of a lower court stood in favour of the insurer based on the argument that a same-sex couple is not as eligible as a common law marriage according to the law.
The appellate court stated that the spousal coverage system according to the state health insurance scheme was not just applicable to families defined by law, and not providing the right to same-sex couples was seen as discrimination.
The court stated that securing rights of the minorities are the “biggest responsibility” of the court as it is the “last bastion” of human rights.
The National Health Insurance Service said it would appeal to the Supreme Court- the highest court for hearing litigations. In South Korea, constitutional issues are resolved in the Constitutional Court.
Boram Jnag, Amnesty International’s East Asia researcher, said, “This is an important decision that moves South Korea closer to achieving marriage equality” while adding that it gives hope that discrimination against the lesbian, gay, bisexual, transgender and intersex (LGBTI) can be conquered.
