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In a groundbreaking decision, South Korea’s Supreme Court ruled on Thursday that the state must provide health insurance for same-sex couples, a verdict that left activists celebrating with tears of joy. The highest court in the country deemed it “discrimination” for state health insurers to treat same-sex couples differently from heterosexual ones, a move that activists believe could lead to the eventual legalization of same-sex unions in South Korea.
“National Health Insurance should recognize spousal insurance coverage for same-sex couples,” the court declared, prompting cheers from activists present at the reading of the verdict.
The case was brought by a gay couple, So Seong-wook and Kim Yong-min, who have been living together and held a wedding ceremony in 2019, despite the ceremony holding no legal validity due to South Korea’s non-recognition of same-sex marriage. In 2021, So sued the National Health Insurance Service (NHIS) after it terminated benefits for his partner upon discovering their same-sex relationship.
Last year, a Seoul High Court ruled in favor of the couple, mandating that the NHIS reinstate the dependent benefits. However, the health service appealed the decision, bringing the case to the Supreme Court.
“Today, love won again,” So proclaimed following the verdict. His husband, Kim, expressed his joy outside the courtroom, stating, “I had always called [So] my husband, but he was never seen as my husband in Korea. But today, the court recognized him as my same-sex partner, and I am so happy for that recognition.”
The Supreme Court ruled that excluding the couple from benefits due to their same-sex status constituted “discrimination based on sexual orientation.” It deemed the NHIS’s decision to deny recognition of same-sex partners who form an economic community of life akin to a married couple as unlawful.
Chang Suh-yeon, the couple’s lawyer, said the ruling “gives hope” to same-sex couples in South Korea but emphasized that more progress is needed. “Guaranteeing simple rights is not considered complete equality, and we will keep on fighting for same-sex marriage to be institutionalized,” Chang told AFP.
The Supreme Court’s decision marks a pivotal moment for South Korea’s LGBTQI community. Activists holding rainbow umbrellas walked out of the court, wiping away tears of joy.
Ryu Min-hee, a lawyer and LGBTQI activist, highlighted the broader implications of the ruling, stating, “The ruling goes beyond just specific rights and benefits. It ultimately paves the way for the legalization of same-sex marriage in South Korea, following the lead of other Asian countries like Taiwan and Thailand.”
While South Korea does not recognize same-sex marriages, gay relationships are not criminalized. However, LGBTQ people often live under the radar. Activists have long called for legislation to prevent discrimination based on sexual orientation, but a proposed anti-discrimination law has stalled in parliament for years due to a lack of consensus among MPs.
