South Korea’s top court upholds rights for same-sex couples

July 18, South KoreaSupreme Court A landmark ruling Confirming that the country’s National Health Insurance Service (NHIS) must provide dependant benefits to same-sex couples.

The plaintiff in this case, So Sung-uk, had registered his partner, Kim Young-min, as a dependent to receive employer health insurance benefits. The NHIS initially accepted Kim as a dependent but later revoked that status when it decided to recognize same-sex couples. Be made public.

Seoul High Court The ruling was in favor of the couple in 2023, but the NHIS appealed the decision to the Supreme Court.

Human Rights Watch Amicus Curiae Brief The ruling follows an appeal to the U.S. Supreme Court that found the exclusion of same-sex couples was discrimination and violated international human rights law. The appeal detailed international and regional precedents, highlighting the state’s responsibility to recognize and protect same-sex relationships, a lack of such protection in South Korea and a growing recognition of same-sex relationships in Asia and the Pacific Island countries.

The Supreme Court in its ruling upheld the High Court’s decision and said the exclusion of same-sex couples from dependant benefits Violation of their equal rights and their rights to privacy, dignity, and the pursuit of happiness.

While the case specifically involved health insurance benefits, the ruling provides important support for same-sex couples seeking to access other state benefits that are currently extended to heterosexual couples who are married or in de facto marriages but remain inaccessible to same-sex couples.

South Korean lawmakers now have an opportunity to embrace the logic and values ​​of the decision by taking action to address the country’s discriminatory treatment of lesbian, gay, bisexual and transgender (LGBT) people. Enact comprehensive anti-discrimination legislation and Establishing a framework for the recognition and protection of same-sex partnershipslawmakers will have made significant progress in ensuring that LGBT people can participate more fully in social and economic life without discrimination.