Thursday, July 18, 2024

South Korea's Supreme Court upholds same-sex ruling in historic LGBTQ victory

top court  affirmed that same-sex couples are entitled to the same spousal health insurance benefits as heterosexual couples


A South Korean Supreme Court ruling Thursday upheld a landmark ruling that found same-sex couples were entitled to the same spousal health insurance benefits as heterosexual couples. So Seong-wook and Kim Yong-min initially filed the lawsuit that led to the decision in 2021. 
File Photo by Thomas Maresca/UPI


SEOUL, July 18 (UPI) -- South Korea's top court on Thursday affirmed that same-sex couples are entitled to the same spousal health insurance benefits as heterosexual couples, a ruling that advocates are hailing as a historic victory for LGBTQ rights in the country.

The decision upheld a landmark 2023 ruling by the Seoul High Court, which found the country's National Health Insurance Service was required to offer spousal benefits to a gay couple that had filed a lawsuit.

The Supreme Court ruled that denying the couple benefits "discriminates against people in a de facto marriage relationship without any rational reason and is illegal as it violates the principle of equality under the Constitution."

"Even though there is no explicit provision in the National Health Insurance Act to exclude same-sex partners from being dependents, excluding them just because they are of the same sex is discrimination based on sexual orientation," Thursday's decision said. "It is a violation of human dignity and value, the right to pursue happiness, freedom of privacy and the right to equality before the law."

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Same-sex marriages and civil unions are not recognized in South Korea, but the verdict means that common-law spouses will now be able to register as dependents on their partners' health insurance.

The decision traces back to 2020, when So Seong-wook successfully added his partner Kim Yong-min as a dependent under his state health insurance coverage. Several months later, however, the NHIS canceled Kim's benefits, calling the registration a "mistake."

So filed a lawsuit against the NHIS, which was initially dismissed by an administrative court but then upheld on appeal in February 2023.

The NHIS, South Korea's public insurance scheme that covers almost the entire population, appealed that outcome to the Supreme Court, leading to Thursday's final decision.

The verdict was greeted as a giant step forward for the lesbian, gay, bisexual, transgender and queer community in South Korea, which remains a deeply conservative country on a number of social issues.

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

Advocates continue to call for further progress, however, including the passage of an anti-discrimination law that has languished in parliament for years and the decriminalization of consensual sex between men in the military.

"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," Jang said. "It is disheartening that in 2024, same-sex couples still face such significant barriers to equality."

Same-sex marriage is now legal in 37 countries and territories around the world. South Korean activists have looked to progress being made in Asian countries such as Japan, where hundreds of municipalities have recognized same-sex partnerships, and particularly Taiwan, which legalized same-sex marriage in a landmark ruling in May 2019.

Last month, Thailand's Senate passed a bill legalizing same-sex marriage.

Top South Korea court hands gay couple 'historic' win on spouse rights


Agence France-Presse
July 18, 2024

Seoul's Pride Parade, one of the largest in Asia, is expected to draw 150,000 this year (ANTHONY WALLACE/AFP)

Seoul (AFP) – South Korea's Supreme Court recognised new rights for same-sex couples Thursday, saying the state must provide health insurance for a gay man's partner in a landmark ruling that left activists weeping for joy.

The country's highest court ruled it was "discrimination" for state health insurers to treat same-sex couples differently from their heterosexual counterparts, in a verdict that activists said could pave the way for the eventual legalisation of same-sex unions in the South.

"National Health Insurance should recognise spousal insurance coverage for same-sex couples," the court ruled, with activists breaking into cheers as the verdict was read out.


The verdict, which cannot be appealed, means common-law spouses of the same sex can now register as dependents on their partners' state health insurance -- something long permitted for heterosexual common-law partners.

The case was brought by a gay couple, So Seong-wook and Kim Yong-min, who live together and held a wedding ceremony in 2019.

It had no legal validity, however, as South Korea does not recognise same-sex marriage.

In 2021, So sued the National Health Insurance Service (NHIS) because it terminated benefits for his partner -- whom he had registered as a dependent -- after discovering they were a gay couple.

In a landmark ruling last year, a Seoul High Court found in favour of the couple, mandating that the NHIS reinstate the dependent benefits.

But the health service appealed the decision, escalating the case to the Supreme Court.


"Today, love won again," said So after the verdict.

His husband Kim struggled to hold back tears outside the courtroom, telling reporters that he had "always called (So) my husband, but he was never seen as my husband in Korea".

But today, "the court called So my same-sex partner and I am so happy for that to be recognised in court".

The Supreme Court ruled that it was "discrimination based on sexual orientation to exclude the couple just because they are same-sex".

The court ruled that the health service "decision to not recognize same-sex partners who have formed an economic community of life similar to a married couple as dependents... is unlawful".

The couple's lawyer Chang Suh-yeon said that the ruling "gives hope" to same-sex couples in South Korea, but said it did not go far enough.


"Guaranteeing simple rights is not considered complete equality and we will keep on fighting for same-sex marriage to be institutionalised," Chang told AFP.
'Historic victory'

The Supreme Court ruling is a pivotal moment for the country's LGBTQI community, and people holding rainbow umbrellas walked out of the court, wiping away tears of joy.


Ryu Min-hee, a lawyer and an LGBTQI activist, told AFP that "the ruling goes beyond just specific rights and benefits."

"It ultimately paves the way for the legalisation of same-sex marriage in South Korea, following the lead of other Asian countries like Taiwan and Thailand," Ryu told AFP.

While South Korea does not recognise same-sex marriages, gay relationships are not criminalised. LGBTQ people tend to live largely under the radar.

Activists have long emphasised the need for legislation against discrimination on the basis of sexual orientation.

A much-discussed anti-discrimination law has languished in the South Korean parliament for years, due to a lack of consensus among MPs.

Outside the court ahead of the verdict, anti-LGBTQI Christian organisations staged a protest, holding up banners saying "let us repent to the Lord".

When the couple initially attempted to hold a press conference after the verdict, Christian activists disrupted it by speaking in tongues and shouting: "homosexuality is a sin!"

Amnesty International said the ruling was "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," the rights group 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."




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