South Korea: Supreme Court ruling a historic victory for same-sex ...

In response to today’s South Korean Supreme Court decision dismissing a government appeal and affirming that same-sex couples are entitled to the same health insurance benefits as heterosexual couples, Amnesty International’s East Asia researcher Boram Jang said:

“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.

“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. It is disheartening that in 2024, same-sex couples still face such significant barriers to equality.

“South Korea should continue to embrace equality, diversity and inclusiveness to ensure that every LGBTI individual can enjoy equal access to healthcare and social security benefits in the country.

“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.”

Today, the full bench of South Korea’s Supreme Court made a decision that the country’s National Health Insurance Service (NHIS) should resume spousal benefits for a partner in a same-sex relationship. The court said that treating same-sex couples differently from heterosexual couples is an act of discrimination that violates human dignity and the right to pursue happiness.

To date, South Korea does not recognize same-sex marriage under law. Regardless, So Seong-wook and his same-sex partner Kim Yong-min held a wedding ceremony celebrating their relationship in May 2019.

So was able to successfully register as a dependant under Kim in February 2020, but the NHIS marked this decision as a “mistake” and proceeded to revoke this registration eight months later. So was subsequently asked to pay back the spousal benefits, prompting him to initiate an administrative lawsuit.

On 7 January 2022, the Seoul Administrative Court sided with the NHIS, ruling that same-sex couples are not eligible for the same health insurance benefits as heterosexual couples.

So then won in the High Court on 21 February 2023 in a landmark decision for same-sex unions in South Korea. The NHIS appealed this outcome to the Supreme Court, triggering today’s ruling.

In February 2024, Amnesty International submitted an amicus curiae brief to the Supreme Court of Korea on the recognition of social benefits for same-sex couples.