South Korea recognizes rights to gay couple for the first time in historic ruling

A South Korean appeals court has issued a historic ruling on Tuesday in favor of a gay couple who requested the same health coverage for them that the national health insurance grants to heterosexual couples, the only type of union that the Asian country recognizes.

Thomas Osborne
Thomas Osborne
21 February 2023 Tuesday 03:24
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South Korea recognizes rights to gay couple for the first time in historic ruling

A South Korean appeals court has issued a historic ruling on Tuesday in favor of a gay couple who requested the same health coverage for them that the national health insurance grants to heterosexual couples, the only type of union that the Asian country recognizes. This is the first time that a South Korean court has recognized the rights of a same-sex couple.

In 2019, So Seong-wook and Kim Yong-min held a wedding ceremony and have lived together ever since. In 2020, the National Health Insurance Service (NHIS) had initially granted So dependent cover based on the health insurance program he provides for his partner, Kim, his workplace and they both They thus became the first same-sex couple to be included within that provision.

However, the institution rectified eight months later and demanded that So pay the fees corresponding to his single marital status, since he did not qualify as a dependent person of his partner. Following a verdict against it by a Seoul administrative court in January 2021, So filed an administrative complaint against the NHIS the month later. However, a lower court sided with the NHIS in 2022.

The Seoul High Court, which did not provide any specific reason for its ruling, thus reversed the court's 2022 verdict that established that since marriage in South Korea is considered only as the union between a man and a woman, there are no legal grounds. to expand that coverage to same-sex couples.

"Today, our rights are recognized in the legal system," Mr. Kim was quoted as saying by South Korea's Yonhap news agency. "We feel very happy. It's not just our victory, it's also a victory for many same-sex couples and LGBTQ families in Korea," the couple said at the end of the trial, according to their lawyer Park Han-hee.

"This ruling is significant as it is the first decision legally recognizing same-sex couples issued by a court of any level in South Korea," Amnesty International researcher Jang Bo-ram said in a statement.

"It is an important decision that brings South Korea closer to marriage equality. There is still a long way to go to end discrimination against the LGTBI community, but the ruling gives us hope about the end of prejudice" he added.