South Korea moves one step closer to legitimising same-sex couples

For the first time, a South Korean high court has given legal recognition to same-sex couples. On Tuesday, the Seoul High Court ruled that the state's health insurer should provide spousal coverage to same-sex couples. Lawyers and advocates have hailed the ruling as the first legal recognition of same-sex unions in the country. This historic ruling overturns a decision by a lower court which had ruled that a same-sex dependent was ineligible for National Health Insurance Service benefits available to other couples. The couple behind this judgement also expressed their happiness with the ruling and said they were "delighted".

"It is not only our victory but also a victory for many same-sex couples and LGBTQ families in Korea," they said.

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However, the national health insurer said that it will file an appeal with the nation's Supreme Court.

The couple, So Sung-wook and Kim Yong-min had been embroiled in a legal battle with the National Health Insurance Service since 2021. They had filed a suit against the insurer after being denied spousal benefits.

An earlier decision by a lower court had ruled in favour of the insurer. The ruling, as per Reuters, was taken on the grounds that a same-sex union cannot be considered a common law marriage under common law. Yong-min and Sung-wook then contested this ruling.

As per their lawyer, Ryu Min-hee, the appellate court in its ruling said that the spousal coverage system under the state health insurance system isn't just for families as defined by the law.

The court also said that denying rights to same-sex relationships was discrimination and that protecting the rights of minorities is the "biggest responsibility" of the court as the "last bastion" of human rights.

Boram Jang, an Amnesty International researcher, said that the ruling "is an important decision that moves South Korea closer to achieving marriage equality." As per him, it goes a long way to offer hope that the prejudice against the LGBTQI+ community can be overcome.

(With inputs from agencies)

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