In a landmark decision on Thursday, South Korea’s highest court ruled that same-sex couples are eligible for the same health insurance benefits as heterosexual couples. The Supreme Court determined that the state health insurance agency’s denial of spousal insurance coverage to gay couples constituted discriminatory behavior, violating the constitutional principle of equality.
This ruling is final and cannot be appealed.
“Today’s ruling is a historic victory for equality and human rights ,” Amnesty International stated. “The court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all.”
The legal battle between a gay couple, So Seong-wook and Kim Yong-min, and the National Health Insurance Service began after the agency revoked So’s registration as a dependent of Kim, prompting So to file an administrative suit.
In 2022, the Seoul Administrative Court sided with the insurance agency. However, in February 2023, the Seoul High Court overturned the previous verdict, asserting that denying So’s spousal coverage rights without reasonable grounds was discriminatory, given that such benefits are extended to heterosexual spouses.
Public sentiment on gender issues in South Korea has gradually shifted in recent years, but critics argue that the Asian nation still has a long way to go compared to other developed countries. 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 ,” Amnesty International noted.
So and Kim expressed their delight at the ruling.
“When I listened to the verdict, I was so moved that I couldn’t hold back my tears,” So told reporters outside the court. He hopes the ruling will lead to South Korea legally accepting same-sex marriages.
Kim shared his “great happiness,” believing that the court acknowledged his love for So.