On Thursday, South Korea Supreme Court granted new rights to gay couples by ordering that the state must provide health insurance for homosexual partners.
Activists, who cherished the decision, were elated when they heard the Supreme Court rule that “National Health Insurance should recognize spousal insurance coverage for same-sex couples.”
The court’s ruling is final and unappealable hence permitting common-law spouses of same sex to register as dependents on their partner’s health insurance. The court held that it was discriminatory to exclude couples solely based on sexual orientation.
“The couple is same-sex, which means it is a form of discrimination on the basis of sexual orientation,” ruled the court.
“It infringes human dignity and values, right to pursue happiness, freedom of privacy and equality before law significantly causing serious harm,” added the court.
This landmark case was brought by So Seong-wook and Kim Yong-min – a gay couple who had lived together since 2019 and had even organized wedding ceremony – although South Korea does not allow gay marriage. In 2021, So Seong-wook filed a lawsuit against NHIS after he lost benefits on his partner whom he had registered as his dependent because he was in a gay relationship.
The Seoul High Court made an important judgment last year which compelled NHIS to reinstate dependent benefits for them. The NHIS opposed this by appealing to the Supreme Court after introducing “spousal” coverage also known as common-law partnership.
It amounts to a significant advancement in LGBTQI rights in South Korea as demonstrated by this verdict from its highest court. They came out of the courtroom with plenty carrying rainbow umbrellas while wiping their tears away.
However, homosexuality is not illegal in South Korean but there is no recognition of same-sex unions. Cases where LGBTQ individuals must hide their identities are also common.In spite of plans for anti-discrimination statutes being stagnated in South Korea’s legislature over the years, activists keep calling for such laws based on sexual orientation.
Outside the court, just before judgement, some Christian groups that are against LGBTQI were demonstrating with placards written “let us repent to the Lord”. During the press conference that followed the verdict announcement by So Seong-wook and Kim Yong-min, fundamentalists harassed them arguing against gayness.
“This is a historical victory for equality and human rights in South Korea” said Amnesty International
According to the organization’s statement; “The Court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all.”
“While this decision represents an important milestone, it also serves as a sobering reminder of how protracted legal processes are needed to enforce basic protections of universally guaranteed rights of same-sex couples. It is disheartening that in 2024, same-sex couples still face such significant barriers to equality.”
