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South Korean court recognizes same-sex couple's rights
Agence France Presse
Published Feb 21, 2023 02:55 PM PHT
A gay couple -- So Seong-wook (L) and Kim Yong-min (R) -- meet the press at the Seoul High School in Seoul, South Korea, 21 February 2023, after the appellate court ruled in favor of the same-sex couple demanding the same spousal coverage from the state health insurance program as heterosexual couples. The plaintiff, So, filed the administrative lawsuit against the National Health Insurance Service in February 2021, after the agency ordered him to pay insurance premiums as he is not qualified as a dependent of his male spouse. EPA-EFE/YONHAP
SEOUL, South Korea - A South Korean court delivered a landmark ruling on Tuesday recognizing the rights of a same-sex couple for the first time, with activists hailing the verdict as a major victory for LGBTQ rights in the country.
The case -- which will now go to the Supreme Court -- 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 because it terminated benefits for his partner -- whom he had registered as a dependent -- after discovering they were a gay couple.
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A lower court ruled in favour of the NHIS last year but in a significant turnaround, the High Court in Seoul overturned that decision on Tuesday, effectively ordering the insurance provider to resume benefits to So's partner as a dependent.
"Today, we have our rights recognized within the legal system," So's partner Kim said after the ruling, according to the Yonhap News Agency.
"This represents a victory for everyone wishing for equality for same-sex couples."
The court did not give a detailed reasoning for its decision.
The NHIS told AFP it will appeal.
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"This ruling is significant as the first decision legally recognising same-sex couples to be made by a court at any level in South Korea", Jang Boram of Amnesty International said in a statement.
Though South Korea still has a "long way to end discrimination... this ruling offers hope that prejudice can be overcome".
While the country 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.
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