South Korea's Supreme Court Grants State Benefits To Gay Couples (image@Pixabay)
Supreme Court in South Korea observed a landmark decision that a same-sex partner was eligible for spousal benefits from state health insurance. The move is hailed as a win for LGBTQ rights in a country that has lagged others in the region.
The court confirmed a decision by the Seoul High Court early last year that the National Health Insurance Service should provide equal spousal coverage to So Sung-wook and Kim Yong-min – a gay couple who filed a suit in 2021 against the agency after it cancelled their spousal benefits.
“I couldn’t believe when I heard the ruling. I was extremely happy and I started crying,” Kim told Reuters.
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Chief Justice Jo Hee-de said that denying the couple benefits, even though there are no clauses in the National Health Insurance Act that specifically refer to same-sex unions, constituted discrimination based on sexual orientation.
Though the So-Kim couple refer to themselves as married, their marriage is not legally recognised in South Korea. Lawyers and advocates said the ruling marks the first legal recognition of same-sex unions.
“With this ruling today, the legal status of same-sex couples will be recognised in the public system, so I think the existence of same-sex couples will become more visible,” Chang Suh-yeon, one of the lawyers who represented the couple, told reporters.
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South Korea was behind Taiwan and Thailand in legalizing the same-sex marriage. Since there was legal acknowledgement of LGBTQ partnerships in Seoul, couples were forced to move abroad if they want to get married legally.
The Supreme Court’s ruling is a “stepping stone for progress” towards marriage equality, said Horim Yi, an activist at the LGBTQ campaign group Marriage For All. “It’s going to be a very hopeful ruling for same-sex couples living in South Korea,” Yi said.
Last year, the So-Kim couple told Reuters they were being open about their story to help “change people’s opinions and help other LGBTQ people like us gather up the courage”.
