South Korea’s Supreme Court has mandated that the state must provide health insurance for same-sex partners. This landmark ruling, delivered on Thursday, allows same-sex common-law couples to register as dependents on their partner’s health insurance.
Chief Justice Jo Hee-de stated that denying these benefits to same-sex couples due to gender constitutes discrimination based on sexual orientation. “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.
The case was initiated by So Seong-wook and Kim Yong-min, a gay couple whose 2019 marriage is not legally recognized in South Korea, where same-sex marriage is not acknowledged. So sued the National Health Insurance Service (NHIS) after it terminated his partner’s dependent benefits upon discovering their relationship.
The ruling upholds a previous decision from the Seoul High Court, which found in favor of the couple and ordered the NHIS to reinstate the dependent benefits. The NHIS, which provides spousal coverage benefits to common-law partners, had appealed the decision, leading to the Supreme Court’s involvement.
Amnesty International hailed the ruling as “a historic victory for equality and human rights in South Korea.” However, the organization noted that the case underscores the lengthy judicial processes that same-sex couples must endure to secure basic rights.
Although South Korea does not recognize same-sex marriages, gay relationships are not criminalized. However, LGBTQ individuals often live discreetly. Activists have long called for legislation against discrimination based on sexual orientation. Despite widespread discussion, an anti-discrimination law has stalled in the South Korean parliament for years due to a lack of consensus among MPs.
