The Supreme Court of Korea upheld a ruling on Thursday that granted spousal benefits to LGBT relationships.
South Korea’s top court’s ruling allowed those in same-sex relationships to be eligible for state health insurance, Reuters reported. It was a reinforcement of a decision in 2023 by the Seoul High Court that declared an LGBT couple , So Sung-wook and Kim Yong-min, should have access to benefits from South Korea’s National Health Insurance Service. The couple initially filed the suit in 2021 after the NHIS canceled benefits.
“I couldn’t believe when I heard the ruling,” Kim told Reuters. “I was extremely happy, and I started crying. It took four years to earn this dependent status. We need to fight harder to legalize same-sex marriage going forward.”
Jo Hee-de, South Korea’s chief justice, claimed excluding the couple from receiving benefits is a form of prejudice. Jo declared that even though no laws in the country exist that refer to LGBT relationships, denying benefits because of sexual orientation is a discriminatory act, Reuters reported.
The ruling was made even though LGBT marriages are not legally recognized in South Korea.
“It is an act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy, and the right to equality before the law, and the degree of violation is serious,” Jo said.
The court’s decision was the first legal recognition of same-sex unions in South Korea. As such, any LGBT couple that wants to get married must do so abroad. Given these laws, many LGBT supporters viewed the decision as a massive win in the fight for equality in the country.
Horim Yi, an LGBT activist for the group Marriage For All, told Reuters that the court’s decision is a “stepping stone for progress.”
“It’s going to be a very hopeful ruling for same-sex couples living in South Korea,” Horim said.
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Chang Suh-yeon, one of the lawyers who represented the LGBT couple in the lawsuit, said the ruling will bring awareness and a cultural change to those in same-sex relationships in South Korea.
“With this ruling today, the legal status of same-sex couples will be recognized in the public system, so I think the existence of same-sex couples will become more visible,” Chang said.
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