Landmark legal verdict by South Korea’s top court opens the door to some rights for same-sex couples

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South Korea’s top court ruled in July that same-sex couples are eligible to receive the same health insurance benefits as heterosexual couples, a landmark verdict hailed by human rights groups.

The Supreme Court said it ruled that the state health insurance agency’s refusal to provide spousal insurance coverage for gay couples was an act of discrimination that violates the constitutional principle of equality.

The court ruling is final and cannot be appealed.

“The decision is a historic victory for equality and human rights in South Korea. The Court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all,” said Boram Jang for Amnesty International in a statement. “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. It is disheartening that in 2024, same-sex couples still face such significant barriers to equality.

So Seong-wook and Kim Yong-min held a wedding to publicly declare their relationship in May 2019. In February 2020, So Seong-wook successfully registered as his same-sex partner Kim Yong-min’s dependant after having lived together as a married couple.

After the couple’s story picked up media attention, the NHIS was quick to claim the registration as a ‘mistake’ and revoke So’s dependant status in October 2020. The NHIS subsequently asked So to pay back the spousal benefits during the period in which he had been considered a dependant.

Health care in South Korea is provided by the NHIS with generally every person living in the country being eligible for this public insurance scheme. Article 5(2)-1 of the National Health Insurance Act outlines that “spouses of the insured employee” are categorized as dependants of the insured.

The definition of “spouse” is not specified in the Act though the term has encompassed de facto marriage relationships, in accordance with NHIS internal guidelines. The insured person’s spouse is exempt from health insurance contributions.

So went on to initiate an administrative lawsuit against the NHIS regarding his status revocation. The Seoul Administrative Court ruled in favour of the NHIS on 7 January 2022 holding that same-sex unions are not the same as their heterosexual equivalent.

So appealed and on 21 February 2023 won in the High Court, overturning the ruling of the Seoul Administrative Court. The High Court deemed that denying spousal coverage to same-sex couples was discriminatory – a significant step towards achieving marriage equality in South Korea.

“South Korea should continue to embrace equality, diversity, and inclusiveness to ensure that every LGBTI individual can enjoy equal access to healthcare and social security benefits in the country,” added Jang.

Public views on gender issues in South Korea have gradually changed in recent years, but critics say the Asian country still has a long way to go compared with other developed countries. South Korea does not legally recognize same-sex marriages.

There are no specific anti-discrimination laws protecting LGBTQ individuals, leaving them vulnerable to discrimination in employment, housing, and services. However, recent legal battles have brought some attention to these issues. In 2020, a court ruled in favor of a transgender woman seeking to change her gender on official documents without undergoing surgery, marking a significant step toward legal recognition of gender identity.

One of the most contentious areas related to gender is military service. South Korea requires all able-bodied men to serve in the military, and this includes gay men. While the military code criminalizes same-sex relations among soldiers, labeling it as “indecent acts,” there have been calls for reform. In 2017, the issue garnered international attention when a military court convicted an army captain for having consensual sex with another man, sparking debates about LGBTQ rights in the military.

LGBTQ activists and organizations play a crucial role in advancing rights and acceptance. Groups like the Korean Queer Culture Festival (KQCF) and Solidarity for LGBT Human Rights of Korea are at the forefront, organizing events, providing support services, and advocating for legal and social reforms. These efforts have led to gradual changes, including more inclusive policies in workplaces and educational institutions.

Media representation of LGBTQ individuals has also improved in recent years, with more positive and nuanced portrayals in films, television shows, and K-pop. Celebrities like singer Holland and transgender model Harisu have openly discussed their identities, contributing to greater visibility. However, mainstream media often avoids directly addressing LGBTQ issues, and there are still tendencies to stereotype or sensationalize LGBTQ characters and stories.