South Korea’s highest court has upheld a landmark decision affirming the rights of same-sex couples.
Last year, the Seoul High Court ruled that the National Health Insurance Service (NHIS) must extend spousal benefits to same-sex couples, a decision now confirmed by the top court.
In 2021, So Sung-wook and Kim Yong-min filed a lawsuit against NHIS after the agency cancelled their spousal benefits.
According to The Korea Times, the couple met 10 years ago and held a wedding ceremony in 2019.
Mr So was initially able to obtain national health insurance coverage as a dependent based on his partnership with Mr Kim.
However, NHIS revoked Mr So’s coverage after learning about their relationship through a media interview, citing an “administrative error”.
Despite initially losing their case in a local administrative court, the Seoul High Court overturned the decision, affirming Mr So’s right to insurance coverage.
Finally, on Wednesday (17 July), South Korea’s top court upheld the decision made by the Seoul High Court in February 2023.
Chief Justice Jo Hee-de noted that the national health insurance act lacks specific clauses regarding same-sex unions, making the denial of benefits discriminatory based on sexual orientation.
While Mr So and Mr Kim’s marriage is not legally recognised in South Korea, legal experts highlighted that this ruling marks the first legal recognition of a same-sex union in the country.
However, the ruling has faced opposition.
Before the official announcement, protesters gathered outside the court with a banner that read: “Same-sex families are nonsense. Supreme Court, overturn the Seoul High Court’s ruling!”
Also read: Thailand becomes first country in Southeast Asia to legalise same-sex marriage
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Featured image adapted from The Korea Herald and Amnesty International.
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