This Same-Sex Couple Sued South Korea’s Health Insurance For Denying Them Partner Status And Won

The supreme court said that denying benefits to a couple just because they are of the same sex constitutes discrimination based on sexual orientation.

This Same-Sex Couple Sued South Korea’s Health Insurance For Denying Them Partner Status And Won

South Korea’s supreme court has ruled that its national health insurance must cover same-sex partners, recognizing the rights of same-sex couples for the first time.

It comes after So Seong-wook and Kim Yong-min, a same-sex couple, brought forward a case when one partner was denied insurance cover as a dependent of his partner.

In South Korea, a spouse or partner can be considered a dependent under their partner’s health insurance plan and are not required to make separate payments if they meet certain criteria.

South Korean same-sex couple So Seong-wook Kim Yong-min
South Korean same-sex couple So Seong-wook (L) and Kim Yong-min (R) leave the Supreme Court building in Seoul. (Photo by Jung Yeon-je / AFP

So and Kim, who held a wedding ceremony in 2019 and live together, had managed to register a dependent in 2020, becoming the first same-sex couple to do so.

However, the national health insurance revoked So’s dependent status eight months later, arguing same-sex partners did not qualify for the social benefit.

The couple filed a lawsuit at a lower court, which sided with the national health insurance, but they appealed the decision and won in February 2023.

On Tuesday July 17, the country’s supreme court endorsed the appeal, making it the final say on the case.

The supreme court said that denying benefits to a couple just because they are of the same sex constitutes discrimination based on sexual orientation.

South Korean same-sex couple So Seong-wook (L) and Kim Yong-min
South Korean same-sex couple So Seong-wook (L) and Kim Yong-min (R) react as they speak to reporters outside the Supreme Court building in Seoul. (Photo by Jung Yeon-je / AFP)

The chief justice called it “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.”

“I couldn’t believe when I heard the ruling. I was extremely happy and I started crying,” Kim told Reuters outside the court.
“It took four years to earn this dependent status,” he said. “We need to fight harder to legalize same sex marriage going forward.”

The decision has been hailed as a landmark one that will hopefully bring South Korea closer to marriage equality.

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