South Korea’s Supreme Court ruled on Thursday that same-sex couples are entitled to the same health insurance benefits as heterosexual couples, a groundbreaking decision celebrated by human rights advocates.
The court determined that the state health insurance agency’s refusal to extend spousal insurance coverage to gay couples constituted discrimination and violated the constitutional principle of equality.
“Today’s ruling is a historic victory for equality and human rights in South Korea,” Amnesty International said in a statement. “The court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all.”
The legal dispute began when a gay couple, So Seong-wook and Kim Yong-min, challenged the National Health Insurance Service’s decision to revoke So’s registration as Kim’s dependent. This action led So to file an administrative lawsuit.
In 2022, the Seoul Administrative Court sided with the insurance agency. However, in February 2023, the Seoul High Court reversed this decision, ruling that denying So’s spousal coverage without just cause was discriminatory, given that heterosexual spouses receive such benefits.
While public attitudes towards gender issues in South Korea have been slowly evolving, critics argue that the country still lags behind other developed nations in terms of LGBT rights. Notably, South Korea does not legally recognize same-sex marriages.
“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,” Amnesty International said.
When the verdict was read, So and Kim felt the tides of change happening in real time.
“When I listened to the verdict, I was so moved that I couldn’t hold back my tears,” So told reporters. He added that he hopes this ruling will eventually lead to the legalization of same-sex marriage.
Kim added that he was “very happy” that the courts finally recognized his love for So. “It took four years to earn this dependent status,” he said. “We need to fight harder to legalize same-sex marriage going forward,” he said.
