South Korea’s Supreme Court recognises rights of same-sex partners in landmark ruling

Decision is culmination of three years of legal battles after a couple were denied spousal benefits

File South Korean same-sex couple So Seong-wook (L) and Kim Yong-min (R) attend a press conference as they file a lawsuit against the National Health Insurance Service for their dependent family status (AFP via Getty Images)

South Korea’s Supreme Court has upheld that same-sex partners are eligible for the same insurance benefits as heterosexual couples, a ruling that is being heralded as a significant legal victory for the country’s LGBT+ community.

The decision marks the culmination of more than three years of legal battles and could set a precedent for the recognition of same-sex relationships in South Korea’s federal systems.

The landmark ruling upheld a decision by the Seoul High Court early last year that the National Health Insurance Service is obligated to provide equal spousal coverage to a gay couple, who filed a lawsuit in 2021 against the agency after it cancelled their spousal benefits.

Chief justice Jo Hee-de on Thursday said that the denial of spousal insurance coverage to a gay couple because of their gender constitutes discrimination based on sexual orientation.

“It is an act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy and the right to equality before the law, and the degree of violation is serious,” Mr Jo said in a televised hearing.

The couple, So Sung-wook and Kim Yong-min, began their lawsuit in the lower courts, which ruled against the couple on the grounds that a same-sex relationship could not be considered a common law marriage under the current laws in South Korea.

In February 2023, the Seoul High Court overturned the lower court’s ruling and recognised that the couple should have the right to equal benefits in the first such recognition for a same-sex couple in South Korea.

The court had said that protecting the rights of minorities is the “biggest responsibility” of the court as the “last bastion” of human rights.

The National Health Insurance Service appealed the decision in the Supreme Court, bringing the case to its final hearing.

Jubilant scenes followed after the top court’s ruling, as the emotional couple chanted: “Love wins!”

“I couldn’t believe when I heard the ruling. I was extremely happy and I started crying,” Kim Yong-min told Reuters outside the court.

“It took four years to earn this dependent status and we need to fight harder to legaliSe same-sex marriage going forward,” he said.

The ruling represents a significant step for a country that does not recognise same-sex marriages and where such couples are often excluded from government benefits.

Amnesty International’s East Asia researcher Boram said: “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.

“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.”

He added that it is “disheartening that in 2024, same-sex couples still face such significant barriers to equality”.

The Supreme Court’s ruling is a “stepping stone for progress” towards marriage equality, said activist Horim Yi from Marriage For All, an LGBT+ campaign group.

“(Dependent status for health insurance) is one of the various rights that you can enjoy as a family, so it’s going to be a very hopeful ruling for same-sex couples living in South Korea.”