South Korea's Supreme Court Upholds Spousal Benefits for Same-Sex Couples

In a significant triumph for LGBTQ rights, South Korea's supreme court upheld a ruling that a same-sex partner is eligible for spousal benefits from state health insurance. This decision, which marks the first legal recognition of a same-sex union in South Korea, is seen as a crucial step towards marriage equality.

South Korea's supreme court upheld a landmark ruling on Thursday, affirming that a same-sex partner is entitled to spousal benefits from state health insurance. This decision is celebrated as a historic victory for LGBTQ rights in a country that has lagged behind other nations in the region.

The ruling supports the Seoul High Court's decision from last year, mandating the National Health Insurance Service to provide equal spousal coverage to So Sung-wook and Kim Yong-min, a gay couple who sued the agency in 2021 for canceling their benefits.

Chief Justice Jo Hee-de emphasized that denying benefits due to gender, despite no specific clauses in the national health insurance act, constitutes discrimination based on sexual orientation. Jo highlighted that such acts violate human dignity, the right to pursue happiness, privacy, and equality before the law.

Although So and Kim held a wedding ceremony and are often viewed as a married couple, their marriage is not legally recognized in South Korea. Advocates say this ruling signifies the first legal acknowledgment of a same-sex union in the country.

While a lower court initially sided with the insurer's argument that a same-sex union does not qualify as a common law marriage under current law, the appellate court overturned this decision. Despite recent successes in Taiwan and Thailand, South Korea lacks legal recognition for LGBTQ partnerships, forcing many couples to seek marriage abroad.

Activist Horim Yi from Marriage For All hailed the ruling as a "stepping stone for progress" towards marriage equality. Yi pointed out that dependent status for health insurance is one of many rights enjoyed as a family, making this ruling hopeful for South Korea's same-sex couples.

Kim Yong-min expressed immense joy and hope after the ruling. He stressed the importance of continuing the fight to legalize same-sex marriage, stating that this hard-won dependent status represents a critical victory for LGBTQ individuals in South Korea.

Despite this progress, conservative religious groups in South Korea continue to resist anti-discrimination efforts, resulting in many LGBTQ individuals hiding their identities in the workplace. Ahead of the ruling, conservative Christian group members held a rally outside the court, demanding the Supreme Court overturn the Seoul High Court's decision.

(With inputs from agencies.)