South Korea’s Supreme Court upheld a landmark ruling on Thursday, affirming that same-sex partners are eligible for spousal benefits from state health insurance. This decision, which has been hailed as a win for LGBTQ rights, confirms the Seoul High Court’s ruling from early last year.
The court had determined that the National Health Insurance Service must provide equal spousal coverage to a gay couple who filed a suit in 2021 after their benefits were canceled.
The Supreme Court’s decision marks a historic moment for equality and human rights in South Korea, a country that has lagged behind its regional peers in LGBTQ rights. Amnesty International’s East Asia researcher, Boram Jang, celebrated the ruling as a crucial step towards dismantling systemic discrimination and supporting inclusivity. Activists welcomed the verdict with cheers, recognizing it as a major advancement in recognizing same-sex couples’ rights nationwide.
Chief Justice Jo Hee-de stated that denying spousal benefits based on gender constitutes discrimination rooted in sexual orientation, even in the absence of explicit clauses in the National Health Insurance Act. “It is an act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy, and the right to equality before the law,” Jo said during a televised trial. The ruling emphasized the severe nature of this violation.
Despite the landmark decision, the case has been a lengthy judicial process same-sex couples must navigate to secure basic rights. “It is disheartening that in 2024, same-sex couples still face such significant barriers to equality,” remarked an Amnesty International spokesperson.
The organization called for South Korea to further embrace equality, diversity, and inclusiveness to ensure equal access to healthcare and social security benefits for all LGBTI individuals.
The Supreme Court’s ruling upheld an earlier appeals court decision mandating that the National Health Insurance Service (NHIS) provide spousal coverage to same-sex couples. This case, brought by So Seong-wook and Kim Yong-min after the NHIS terminated So’s partner’s benefits upon discovering their same-sex relationship, marks the first time South Korea’s highest court has recognized the rights of gay couples. The court’s decision is seen as a step towards legalizing marriage equality and enacting comprehensive anti-discrimination laws in the country.
The case began when So Seong-wook registered as a dependent under his partner Kim Yong-min in February 2020, following their wedding ceremony in May 2019. However, the NHIS revoked this registration eight months later, labeling it a “mistake,” and demanded repayment of the spousal benefits. It led So to file an administrative lawsuit, initially resulting in a ruling against him by the Seoul Administrative Court in January 2022.
