In a groundbreaking decision, South Korea's Supreme Court ruled in favor of same-sex couples seeking spousal coverage for national health insurance benefits. The ruling came after a lengthy legal battle between So Seong-wook and Kim Yong-min, who had their registration as dependents revoked by the National Health Insurance Service (NHIS) in 2020. The couple held a wedding ceremony in May 2019 but faced discrimination when attempting to secure spousal benefits.
The court acknowledged that same-sex couples are entitled to the same health insurance benefits as heterosexual couples and identified discrimination based on sexual orientation as the reason for withdrawing spousal insurance coverage. The ruling marks a significant step towards dismantling systemic discrimination against LGBTQ individuals in South Korea and ensuring inclusivity for all.
The decision follows a series of legal victories for same-sex couples in South Korea, including the Seoul Administrative Court's landmark decision in February 2023. Amnesty International submitted an amicus curiae brief to the Supreme Court of Korea on the recognition of social benefits for same-sex couples earlier this year.
Despite these advancements, South Korea does not yet recognize same-sex marriage under law. The country's LGBTQ community continues to face significant barriers to equality and dignity. Authorities must take further steps to protect the rights of LGBTI individuals by legalizing marriage equality and enacting a comprehensive anti-discrimination law.
Background
So Seong-wook and Kim Yong-min held a wedding ceremony in May 2019, but their registration as dependents was revoked eight months later by the NHIS. The couple then initiated an administrative lawsuit seeking spousal dependent status. In February 2023, the High Court ruled in their favor, stating that same-sex couples should be treated equally under the law and granted spousal benefits.
The NHIS appealed this decision to the Supreme Court, which ultimately upheld it on July 18, 2024. The ruling sets a precedent for future cases involving same-sex couples seeking health insurance benefits in South Korea.
