Same-sex couples score a major win in South Korea with a historic court victory

The top court in South Korea has ruled to uphold the rights of people in same-sex relationships, giving them the same rights as people in heterosexual relationships.

The landmark ruling states that benefits from South Korea’s National Health Insurance Service (NHIS) can be claimed by people in same-sex partnerships and that treating same-sex couples differently than heterosexual ones is “an act of discrimination that… violates human dignity and the right to pursue happiness,” Chief justice Jo Hee-de said.

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South Korea does not recognize same-sex marriage under the law, so the ruling is major progress in extending the protections and rights to same-sex couples.

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“Today’s ruling is a historic victory for equality and human rights in South Korea. The Court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all,” Amnesty International’s East Asia researcher Boram Jang said in a statement. “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,” she added.

The decision comes after a ruling from the Seoul High Court which said that the NHIS to provide equal spousal coverage to gay couple So Seong-wook and Kim Yong-min, The couple filed a lawsuit in 2021 against the agency after it cancelled their benefits. 

Though they could not legally marry, So and Kim held a wedding ceremony in May 2019 to celebrate their relationship. So successfully registered as a dependant under Kim in February 2020, but the NHIS later said that this was a mistake and revoked benefits eight months later.

NHIS then asked that So pay back the spousal benefits, at which point the couple filed an administrative lawsuit. The Seoul Administrative Court sided with the NHIS, saying that same-sex couples are not entitled to the same rights and benefits as heterosexual ones, which So appealed.

So won in the Seoul High Court in February 2023, but the NHIS appealed to South Korea’s Supreme Court, which resulted in today’s ruling.

Jang said that while the ruling is a positive one, there is more that must be done. “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,” she said.

“Authorities must now take further steps to protect the rights of LGBTI individuals in South Korea by legalizing marriage equality and enacting a comprehensive anti-discrimination law. These measures are crucial to ensuring equality and dignity for all.”

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