In an ironic twist of culture and law South Korea's Supreme Court just ruled that their state health insurance agency cannot refuse spousal insurance coverage to LGBTQ couples. The South Korean Supreme Court ruled in favor of the gay couple who sued the state's health insurance agency after they were denied coverage, claiming this was a violation of the country’s constitutional principle of equality.
Landmark Decision in South Korea Recognizes LGBTQ Couples, but Not Marriage Equality
This ruling is a landmark verdict, especially since South Korea still does not recognize same-sex marriages. Therein lies the irony. But it’s a ruling South Korean LGBTQ couples will gladly take as a victory, as will LGBTQ folks and their allies worldwide.
The couple who changed it all
The battle preceding this historic decision began a year after So Seong-wook and Kim Yong-min held a wedding to publicly declare their relationship in 2019. In 2020, the state’s health insurance agency processed Kim's request to list So as his dependent, in which he simply stated that since the agency provides spousal benefits to heterosexual couples in de facto marriage, he felt the same should apply to his union.
The court though, did not agree, at least initially.
When the couple was denied health coverage, So sued over the decision in 2021. A year later the Administrative Court ruled in favor of the insurance agency, unfortunately holding with South Korea’s same-sex marriage policies and views.
But in February 2023, the High Court overturned the earlier verdict. Denying So’s spousal coverage rights without reasonable grounds was ruled discriminatory, the court said, especially when considering that same benefits are given to heterosexual spouses.
Just last week the court ruled that South Korea’s top court ruling is final and cannot be appealed.
The future for LGBTQ couples in South Korea and beyond
Amnesty International, which weighed in via their South Korea: Amicus curiae brief, released a statement that read, in part: "Today’s ruling 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."
Is this the way to a brighter future for LGBTQ couples in South Korea? And indeed, might the country soon legalize marriage equality? Or is this a panacea, a ruling the court hopes will not be again challenged, or a way to halt the marriage equality question?
Even in 2024 there are a whole host of anti-LGBTQ+ legislative battles raging worldwide. We all, not just South Korea, still have a long way to go.
Currently, only 36 countries around the world recognize same-sex marriages.
