South Korea’s Supreme Court has declared that same-sex couples qualify for dependent coverage under the national health insurance. This ruling is considered a landmark decision for LGBTQ rights in South Korea, a country known for its conservative stance on LGBTQ issues.
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The Supreme Court ruled that same-sex couples are eligible to register their partners as dependents in the national health insurance program.
This allows same-sex couples the same benefits as married couples or those in a common-law marriage.
The ruling is from a lawsuit filed by So Sung-wook and Kim Yong-min, a gay couple who sued the National Health Insurance Service (NHIS) in 2021.
The NHIS had initially granted So spousal benefits under Kim’s health insurance but later revoked them citing a mistake. The couple challenged this decision leading to the court rulings.
Chief Justice Jo Hee-de stated that denying benefits to same-sex couples constitutes discrimination based on sexual orientation.
The court addressed that such discrimination violates human dignity, the right to pursue happiness, freedom of privacy and equality before the law.
The ruling mandates the NHIS to provide equal spousal coverage to same-sex couples.
The court stated that denying a same-sex couple national health insurance dependent coverage solely based on their sexual orientation constitutes severe discrimination.
The legal complaint was filed by So Seong-wook in 2021 after his request to register as a dependent of his partner, Kim Yong-min, was denied by South Korea’s health insurance service.
An appeals court overturned the initial rejection in February 2023, but the case reached the Supreme Court for a final decision.
The Supreme Court acknowledged that same-sex couples form an economic cohabitation similar to that of married and common-law couples.
This recognition is important as it equates the financial interdependence of same-sex couples with that of heterosexual couples in the eyes of the law.
While the decision does not fully legalize same-sex marriages, it provides a legal status within the healthcare system that could influence legal developments.
So Seong-wook expressed hope that the ruling would serve as a steppingstone towards achieving full marriage equality for sexual minorities.
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Borang Jang, an East Asia researcher at Amnesty International described the ruling as historic and a step towards dismantling systemic discrimination.
Amnesty International addressed the lengthy judicial processes same-sex couples must endure to secure basic rights which should be universally guaranteed.
There has been a shift in public opinion towards same-sex marriage in South Korea. Support has increased from 17% at the turn of the century to 40% by May 2023, according to Gallup Korea.
The number of people living together in non-kin households has also doubled to 1 million between 2016 and 2022.
Conservative Christians in South Korea have long campaigned against legalizing same-sex marriage and introducing an anti-discrimination laws.
Protests from anti-LGBTQ+ groups continued even as the Supreme Court delivered its verdict.
The ruling aligns South Korea more with other East Asian countries like Taiwan and Thailand, which have made strides in recognizing same-sex unions.
While South Korea still does not legally recognize same-sex marriages, this decision represents a shift towards inclusivity and equality.
The legal journey began when So was registered as a dependent under Kim’s health insurance in February 2020. The NHIS later revoked this decision leading So to file an administrative lawsuit.
In January 2022, the Seoul Administrative Court sided with the NHIS ruling against same-sex spousal benefits.
The Seoul High Court overturned this decision in February 2023, in favor of So and Kim prompting the NHIS to appeal to the Supreme Court.
In July 2024, the Supreme Court dismissed the government’s appeal and upheld the High Court’s ruling.
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