South Korean Court Recognises Legal Status Of Same Sex Couples In Landmark Verdict

The plaintiff, So Sung-wook, was denied spousal benefits by his insurer, the National Health Insurance Service after which he filed a suit against the company in 2021

LGBTQ festival at Seoul Square in front of the city hall on July 16, 2022 in Seoul, South Korea.

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A South Korean court on Tuesday said that the state's health insurer should provide spousal coverage to a same-sex couple. The landmark verdict by the Seoul High Court overturned a lower court’s ruling that a same-sex dependent was ineligible for benefits afforded to other common law couples by the National Health Insurance Service, reported news agency Reuters.

 "We are delighted. It is not only our victory but also a victory for many same-sex couples and LGBTQ families in Korea," said the   couple So Sung-wook and Kim Yong-min in a statement after the verdict, according to the news agency.

Ryu Min-hee, a lawyer for the plaintiff couple while speaking to Reuters said that the High Court's decision was the "first recognition of the legal status of a same-sex couple."

The plaintiff, So Sung-wook, was denied spousal benefits by his insurer, the National Health Insurance Service after which he filed a suit against the company in 2021. However, a lower court ruled in favour of the insurer on the grounds that a same-sex union could not be considered a common law marriage under the current law.

While passing the order, the appellate court was of the view that the spousal coverage system under the state health insurance scheme was not just for families as defined by law, and not granting the rights to people in same-sex relationships was discrimination, reported Reuters.

Meanwhile, the National Health Insurance Service has said it will appeal against the ruling in the Supreme Court - the highest court hearing litigations. 

Expressing happiness over the verdict Boram Jang, Amnesty International's East Asia researcher said, "This is an important decision that moves South Korea closer to achieving marriage equality," reported Reuters.

He also said that the ruling raises hopes of removing all prejudices against the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.