South Korean Court Delivers Landmark Ruling Recognizing Same-Sex Couple's Rights In a historic decision on Tuesday, a South Korean court...

South Korean Court Delivers Landmark Ruling Recognizing Same-Sex Couple's Rights

In a historic decision on Tuesday, a South Korean court acknowledged the rights of a same-sex couple for the first time, earning praise from activists who consider this verdict a significant victory for LGBTQ rights in the country.

The case was initiated by a gay couple, So Seong-wook and Kim Yong-min, who held a wedding ceremony in 2019. Although their marriage had no legal validity in South Korea, the couple lives together and decided to sue the National Health Insurance Service (NHIS) in 2021 after the organization terminated benefits for So's partner. The NHIS ended benefits after discovering that the couple was gay.

A lower court ruled in favor of the NHIS last year. However, the High Court in Seoul overturned the decision on Tuesday, effectively ordering the insurance provider to resume benefits to So's partner as a dependent.

"We are delighted. This is not only our victory but also a triumph for many same-sex couples and LGBTQ families in Korea," the couple said after the ruling, according to their lawyer Park Han-hee.

The court concluded that the NHIS did not provide adequate justification for treating same-sex unions differently from common-law marriages. The NHIS grants spousal coverage benefits to common-law partners. "It is acknowledged that the discriminatory practice seen in this case violates the principle of equality," the ruling said.

The ruling marks the first time that any court in South Korea has legally acknowledged same-sex couples, and Jang Boram of Amnesty International described it as a significant decision. Although South Korea does not recognize same-sex marriages, gay relationships are not criminalized, and LGBTQ individuals generally live discreetly. However, activists have long called for legislation to prohibit discrimination based on sexual orientation.

The country's parliament has debated an anti-discrimination law that has yet to be enacted due to a lack of agreement among lawmakers. The NHIS, on the other hand, has indicated that it will challenge the recent ruling.