South Korea Grants Spousal Benefits to Same-Gender Couples

In a landmark ruling, the Supreme Court in South Korea has granted spousal health insurance benefits to same-gender couples.

Same-gender marriage is not legally recognized in South Korea. However, their Supreme Court has just ruled that the National Health Insurance Service must extend spousal insurance benefits to same-gender couples. LGBTQ+ advocates in the country are counting this as a step forward in achieving marriage equality for the region.

The court reached this decision after a couple, So Seong-wook and Kim Yong-min, entered into “de facto marriage” (also known as common law marriage) in 2019. The NHIS accepted So as Kim’s spousal dependent for the following year and then rescinded those benefits a few months later after news stories came out about the couple.

In 2021, So and Kim filed a lawsuit at the lower court level, but the court ruled that same-gender couples were not granted the same spousal rights as heterosexual couples. That ruling was overturned last year by an appeals court before ascending to the Supreme Court to be upheld.

According to a translation from UPI of the court’s ruling, So can retain his status as a dependent on Kim’s insurance. The ruling further states that the NHIS’s decision to withhold that status “discriminates against people in a de facto marriage relationship without any rational reason, and is illegal as it violates the principle of equality under the Constitution.”

So expressed his joy over the ruling, telling reporters, “Love has won again.”

The decision will also allow other same-gender couples in de facto marriages to receive similar benefits. It is believed that this could contribute to developing further legal reforms towards marriage equality in South Korea. Pew Research Center reports that 41% of South Koreans “somewhat” or “strongly” support marriage equality, meaning that there may still be some time before same-sex couples will gain any recognition.

Amnesty International filed an amicus brief last year in support of So and Kim’s case. Their East Asia Researcher, Boram Jang, declared the Supreme Court decision a “major milestone,” while also cautioning that there is still more work to be done.

“Authorities must now take further steps to protect the rights of LGBTI individuals in South Korea by legalizing marriage equality and enacting a comprehensive anti-discrimination law. These measures are crucial to ensuring equality and dignity for all.” Jang says.

The Korean LGBTQ+ organization LGBT Human Rights in Solidarity Action also praised the decision, speaking about the future of reforms: “No need for long words. Korean society must take steps to guarantee equal rights for sexual minorities. Realize same-sex marriage and enact anti-discrimination law immediately!”