The Supreme Court of South Korea made a historic decision that was a significant step towards equality. The court ruled that the state must provide health insurance to same-sex partners, thereby ensuring their equal access to public health care. This decision underscores the importance of protecting the rights of every person regardless of sexual orientation and marks an important moment in the fight for the rights of the LGBTQ+ community in the country.
In a legal breakthrough in South Korea, gay couples are now eligible for health insurance benefits despite the absence of a marriage law.
On Thursday, the Supreme Court made a landmark decision allowing same-sex couples in common-law marriages to register as dependents for their partner’s health insurance.
Chief Justice Joe Hi-de emphasized that denying benefits to same-sex couples based on their gender is a form of discrimination based on sexual orientation. “This discriminatory action violates human dignity and values, the right to the pursuit of happiness, freedom of privacy and equality before the law. The extent of the violation is extremely serious,” Joe said.
Seo Sung Wook and Kim Young Min, who live together as a couple, filed a lawsuit that became the subject of litigation. Their marriage, which took place in 2019, is not recognized as legal in South Korea because the country’s laws do not include recognition of same-sex marriages.
So filed a claim against the National Health Insurance Service (NHIS) when it stopped providing benefits to his partner, who was registered as a dependent, after it was revealed they were a same-sex couple.
Thursday’s ruling upheld a Seoul High Court verdict last year that ruled in the couple’s favor, ordering the National Health Insurance Service (NHIS) to resume benefits for dependents. The State Health Insurance Service, which provides spousal insurance benefits to common-law partners, appealed the previous decision and took the case to the High Court.
Amnesty International welcomed the Supreme Court’s decision, highlighting the need for further reforms to protect LGBTQ rights in South Korea
Amnesty International called the ruling “a historic victory for equality and human rights in South Korea.” While the ruling represents important progress, the case itself is a reminder of the long legal battles that same-sex couples must endure to obtain fundamental rights that should be guaranteed everywhere. ” – said the human rights organization.
Despite the fact that same-sex marriage is not recognized in the country, the very existence of same-sex relationships is not subject to criminal prosecution. However, members of the LGBTQ community often remain in the shadows. Activists have long pushed for legislation aimed at combating discrimination based on sexual orientation. A mooted anti-discrimination law has stalled in South Korea’s parliament for several years due to a lack of consensus among lawmakers.
