South Korea Supreme Court Upholds Same-Sex Spousal Benefits

South Korea's Supreme Court has affirmed a ruling that grants spousal benefits to same-sex partners under state health insurance. This landmark decision, viewed as a win for LGBTQ rights, marks the first legal recognition of same-sex unions in the country, despite the lack of marriage equality laws.


Devdiscourse News Desk | Updated: 18-07-2024 13:12 IST | Created: 18-07-2024 13:12 IST
South Korea Supreme Court Upholds Same-Sex Spousal Benefits
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South Korea's supreme court on Thursday upheld a landmark ruling that grants spousal benefits to same-sex partners under state health insurance, a decision seen as a significant win for LGBTQ rights in a nation lagging behind its regional counterparts. The court's decision affirms last year's Seoul High Court ruling that the National Health Insurance Service must offer equal spousal coverage to So Sung-wook and Kim Yong-min, a gay couple who had filed a suit after their benefits were canceled.

"I couldn't believe when I heard the ruling. I was extremely happy and I started crying," Kim told Reuters outside the court. "It took four years to earn this dependent status. We need to fight harder to legalize same-sex marriage going forward," he said.

Chief Justice Jo Hee-de stated that denying the couple benefits, despite the absence of specific clauses in the national health insurance act referring to same-sex unions, was discriminatory. "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," Judge Jo noted during a televised trial.

While So and Kim consider themselves married, their marriage is not legally recognized in South Korea. Lawyers and advocates hailed the ruling as the first legal acknowledgment of same-sex unions. Chang Suh-yeon, one of the couple's lawyers, said the decision would make same-sex couples more visible within the public system.

Although countries like Taiwan and Thailand have made strides in legalizing same-sex marriage, South Korea offers no legal recognition of LGBTQ partnerships. Activist Horim Yi from Marriage For All described the ruling as a "stepping stone for progress" towards marriage equality in South Korea.

Last year, the couple shared their story to influence public opinion and encourage other LGBTQ individuals. However, conservative religious groups in South Korea have strongly opposed legislation promoting LGBTQ rights, forcing many to conceal their identities at work.

In opposition to the ruling, conservative Christian groups held a rally outside the court, declaring, "Same-sex families are nonsense. Supreme Court, overturn the Seoul High Court's ruling!"

(With inputs from agencies.)

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