South Korea makes landmark ruling on recognising rights of same-sex couples

On Tuesday 21 February, a South Korean court ruled that a same-sex couple should receive the same benefits as heterosexual couples under the National Health Insurance Service (NHIS).

South Korea recognises rights of same-sex couples

It is the first time a court has recognised the rights and legal status of a same-sex couple in South Korea.

The Seoul High Court found that the NHIS recognised de facto relations between heterosexual couples at its discretion but did not do the same for same-sex couples. The court found that the NHIS did not treat de facto same-sex couples equally and this was a clear case of discrimination based on sexual orientation.

While over 30 countries, including Taiwan, have legalised same-sex marriage, it remains illegal in South Korea and Japan.

Although the court ruled that it could not recognise a de facto marriage between same-sex couples, it found that the principle of equality necessitates that the NHIS treat all couples equally, as its law does not explicitly specify coverage for only heterosexual couples.

The court added that protecting the rights of minorities is its 'biggest responsibility' as the 'last bastion' of human rights.

However, the NHIS said it will appeal the ruling to the Supreme Court.

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A 'significant' ruling

Lawyer Park Han-hee said the ruling is the 'first recognition of the legal status of a same-sex couple'. Campaigners have also called it 'significant'. Amnesty International’s east Asia researcher, Boram Jang, said in a statement:

This is an important decision that moves South Korea closer to achieving marriage equality. There is still a long way to go to end discrimination against the LGBTQ+ community, but this ruling offers hope that prejudice can be overcome.

By not recognising partners in same-sex relationships, the national health insurance service was discriminating against same-sex couples, denying basic rights afforded to couples of the opposite sex. Today’s ruling will help to rectify this wrong.

This ruling is significant as the first decision legally recognising same-sex couples to be made by a court at any level in South Korea, but much more needs to be done to end discrimination against, and criminalisation of, the LGBTQ+ community.

While Human Rights Watch said:

This case is significant for upholding the principles of equality and nondiscrimination.

The Seoul High Court’s ruling highlights the need to address discrimination experienced by same-sex couples when their relationships are not recognized by law.

The organisation pointed out that while a recent court ruling in Japan upheld the ban on same-sex marriage, it acknowledged that the lack of legal protection violated same-sex couples' rights. In Thailand, lawmakers are also considering options to recognise same-sex relations.

Sources used:

Human Rights Watch: 'South Korea Court Recognizes Equal Benefits for Same-Sex Couple'

The Guardian: 'South Korean court recognises legal status of same-sex couples for first time'