South Korea: Major Victory for Same-Sex Couples

In a significant step towards legal recognition, the Supreme Court of South Korea has ruled that same-sex couples are entitled to the same health insurance benefits as heterosexual couples.

On Thursday, 18 July, a full bench of the court ordered the country’s National Health Insurance Service (NHIS) to resume spousal benefits for partners in same-sex relationships.

The court affirmed that treating same-sex couples differently from heterosexual couples is an act of discrimination that violates human dignity and the right to pursue happiness.

“Today’s ruling is a historic victory for equality and human rights in South Korea. The court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all,” said Amnesty International’s East Asia researcher Boram Jang.

The case centres on So Seong-wook and his same-sex partner Kim Yong-min, who held a wedding ceremony celebrating their relationship in May 2019. While the country does not legally recognise same-sex marriage, So successfully registered with the NHIS as a dependant under Kim in February 2020.

Eight months later, however, the NHIS declared this decision a “mistake” and revoked the registration.

On 7 January 2022, the Seoul Administrative Court sided with the NHIS, ruling that same-sex couples are not eligible for the same health insurance benefits as heterosexual couples.

On 21 February 2023, the High Court ruled in favour of the couple, marking a landmark moment for same-sex couples in South Korea. The NHIS appealed the outcome to the Supreme Court which has now rejected the appeal and upheld the High Court’s decision.

“While this decision is a major milestone, the case itself is a sobering reminder of the lengthy judicial processes that same-sex couples must endure to secure basic rights that should be universally guaranteed. It is disheartening that in 2024, same-sex couples still face such significant barriers to equality,” commented Jang.

Amnesty International, which submitted an amicus curiae brief to the Supreme Court in support of recognising social benefits for same-sex couples, urged the country to embrace equality, diversity, and inclusiveness to ensure that every LGBTI individual can enjoy equal access to healthcare and social security benefits.

“Authorities must now take further steps to protect the rights of LGBTI individuals in South Korea by legalising marriage equality and enacting a comprehensive anti-discrimination law. These measures are crucial to ensuring equality and dignity for all,” added Jang.

While homosexuality is legal in South Korea, Article 92-6 of the Military Criminal Act still punishes homosexual acts in the military with up to two years in prison. As military service of 21 months is mandatory for all men in the country, the impact of the ban is far-reaching.