In landmark verdict, South Korea’s top court recognizes some rights for same-sex couples

The Supreme Court said it ruled that the state health insurance agency’s refusal to provide spousal insurance coverage for gay couples was an act of discrimination that violates the constitutional principle of equality

So Sung-uk and Kim Yong-min react during a press conference after the Supreme Court upheld a ruling that a same-sex partner was eligible for spousal benefits from state health insurance, in Seoul, South Korea, July 18, 2024. | Photo Credit: Reuters

South Korea’s top court ruled on July 18 that same-sex couples are eligible to receive the same health insurance benefits as heterosexual couples, a landmark verdict hailed by human rights groups.

The Supreme Court said it ruled that the state health insurance agency’s refusal to provide spousal insurance coverage for gay couples was an act of discrimination that violates the constitutional principle of equality.

Thursday’s ruling is final and cannot be appealed.

“Today’s ruling is a historic victory for equality and human rights in South Korea,” Amnesty International said in a statement. “The court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all.”

A legal battle between a gay couple, So Seong-wook and Kim Yong-min, and the National Health Insurance Service began after the insurance agency revoked So’s registration as a dependent of Kim, prompting So to file an administrative suit.

In 2022, the Seoul Administrative Court ruled in favor of the insurance agency. But in February 2023, the Seoul High Court overturned the earlier verdict, saying that denying So’s spousal coverage rights without reasonable grounds was discriminatory because such benefits are given to heterosexual spouses.

Public views on gender issues in South Korea have gradually changed in recent years, but critics say the Asian country still has a long way to go compared with other developed countries. South Korea doesn’t legally recognize same-sex marriages.

“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,” Amnesty International said.

So and Kim welcomed the ruling.

“When I listened to the verdict, I was so moved that I couldn't hold back my tears,” So told reporters outside the court. He said he hopes the ruling will lead to South Korea legally accepting same-sex marriages.

Kim said he is “very happy” because he thinks the court recognized his love for So.