In a landmark ruling, the Supreme Court of South Korea on Thursday announced that it recognizes the rights of same-sex couples. The top court has ruled that same-sex couples are entitled to spousal state benefits. Notably, is is the first time South Korea's top court has recognised the rights of gay couples.
South Korea Chief Justice Jo Hee-de upheld an earlier decision by the Seoul High Court which ruled that the National Health Insurance Service (NHIS) had to grant the couple spousal coverage.
According to a report by Reuters, the Seoul High Court early last year ruled that a same-sex partner were eligible for spousal benefits from state health insurance, in a move hailed as a win for LGBTQ rights in a country that has lagged other jurisdictions in the region.
The case was brought by So Seong-wook and Kim Yong-min, a cohabiting gay couple whose marriage in 2019 is not considered legal under South Korean law.
Chief Justice Jo Hee-de said that denying them such benefits because of gender, even though there are no clauses in the National Health Insurance Act specifying it, 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, and the degree of violation is serious," Jo said during a televised trial.
While South Korea does not recognise same-sex marriages, gay relationships are not criminalised in the Asian country. However, LGBTQ people largely tend to live under the radar.
Rights group Amnesty International called the ruling “a historic victory for equality and human rights in South Korea”.
“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,” the rights group said in a statement.