South Korea’s top court confirms state benefits for gay couples in landmark ruling
July 19, 2024South Korea’s highest court ruled on Thursday that same-sex couples are entitled to the same health insurance benefits as heterosexual couples, a landmark decision celebrated by human rights organisations.
The Supreme Court declared that the state health insurance agency’s refusal to extend spousal insurance coverage to gay couples constituted discrimination in violation of the constitutional principle of equality.
Thursday’s ruling is definitive and cannot be challenged, ‘NPR’ reports.
“Today’s ruling is a historic victory for equality and human rights in South Korea,” Amnesty International stated. “The court has taken a significant step toward dismantling systemic discrimination and ensuring inclusivity for all.”
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A legal dispute between a gay couple, So Seong-wook and Kim Yong-min, and the National Health Insurance Service began when the insurance agency revoked So’s registration as Kim’s dependent, leading So to file an administrative lawsuit.
In 2022, the Seoul Administrative Court ruled in favor of the insurance agency. However, in February 2023, the Seoul High Court reversed the earlier decision, stating that denying So’s spousal coverage rights without reasonable grounds was discriminatory, as such benefits are granted to heterosexual spouses.
Public opinion on gender issues in South Korea has gradually evolved in recent years, but critics argue that the country still has much progress to make compared to other developed nations. South Korea does not legally recognize same-sex marriages.
“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,” Amnesty International stated.
So and Kim expressed their joy over the ruling.
“When I heard the verdict, I was so moved that I couldn't hold back my tears,” So told reporters outside the court. He expressed hope that the ruling would pave the way for South Korea to legally recognise same-sex marriages.
Kim said he is “very happy” because he believes the court acknowledged his love for So.
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