Amnesty international korea
This is a first legal victory, from the supreme court, for same-sex couples in South Korea.
Following a case regarding health insurance rights for same-sex couples in South Korea, the Supreme Court has delivered its verdict.
Today, South Korea’s full Supreme Court ruled that the country’s National Health Insurance Service (NHIS) should reinstate spousal benefits for a partner in a same-sex relationship. The court said treating same-sex couples differently from heterosexual couples constitutes an act of discrimination that violates human dignity and the right to the pursuit of happiness.
Let’s return to the case that gave rise to this decision. Currently, same-sex marriage is not recognized in South Korea. Couple So Seong Wook and his same-sex partner Kim Yong Min held a wedding ceremony celebrating their relationship in May 2019. As a result, Yong Min was listed as a dependent, leading to the decision of the NHIS called this decision an “error“, revoking the rights a few months later, and requesting reimbursement of benefits.
The couple did not intend to give in and took the case to court, but on January 7, 2022, the Seoul Administrative Court sided with the NHIS, ruling that same-sex couples could not benefit from the same health insurance benefits as heterosexual couples. The couple continued the process and subsequently obtained a new decision in their favor from the High Court in February 2023, but the NHIS appealed to the supreme court leading to today’s decision in favor of the couple.
In February 2024, Amnesty International engaged with the Korean Supreme Court on the recognition of social benefits for same-sex couples.
Today’s response from the South Korean Supreme Court rejects the government’s appeal and affirms that same-sex couples are entitled to the same health insurance benefits as heterosexual couples.
Boram Jang, East Asia researcher at Amnesty International, said:
“Today’s decision is a historic victory for equality and human rights in South Korea. The Court has taken an important step toward dismantling systemic discrimination and ensuring inclusion for all.”
This case reminds everyone that legal procedures are long and tedious. but it’s a first step towards more inclusion.
“South Korea should continue to promote equality, diversity and inclusion to ensure that every person can enjoy equal access to healthcare and social security benefits in the country.”
“Authorities must now take additional steps to protect the rights of LGBTQ+ people in South Korea by legalizing marriage equality and enacting a comprehensive anti-discrimination law. These steps are crucial to ensuring equality and dignity for all.“
Even if South Korea has a very significant technological advance compared to other European or American countries, it remains socially less developed and it still has a way to go on various subjects.
Journalist: Shawn
Translator: Shawn
Source: Amnesty International
