South Korea’s Top Court Rules in Favor of Gay Couple’s Spousal Health Insurance Coverage

Posted on by

South Korean same-sex couple So Seong-wook (L) and Kim Yong-min (R) speak to reporters outside the Supreme Court building in Seoul on July 18, 2024.

South Korea’s highest court has ruled in favor of a gay couple seeking spousal coverage for national health insurance benefits. This landmark decision could pave the way for recognizing same-sex marriage in the country.

In its decision on Thursday, the Supreme Court recognized same-sex couples as eligible dependents to be covered by the public health insurer. 

This ruling is a first for the country in terms of marriage equality, but it’s a narrow finding that grants a legal status within the healthcare system. It does not signify South Korea’s full legal recognition of same-sex marriages.

The court stated that withdrawing spousal insurance coverage constituted discrimination based on sexual orientation.

“Today’s ruling is a historic victory for equality and human rights in South Korea,” said Boram Jang, East Asia researcher for Amnesty International.

“While this decision is a major milestone, the case itself is a sobering reminder of the lengthy judicial processes that same-sex couples must endure to secure basic rights that should be universally guaranteed,” Jang stated on the human rights group’s website.

The two plaintiffs, Kim Yong-min and So Seong-wook, filed the suit against the National Health Insurance Service in 2021 after their spousal benefits were revoked following media reports about their same-sex relationship.

The couple then filed a lawsuit seeking spousal dependent status in 2021, arguing that they were being discriminated against by the NHIS. While the country only legally recognizes marriage between heterosexual couples, the NHIS has regulations permitting spousal status for common-law partners.

Support for same-sex marriage is relatively low in South Korea compared to other Asian nations, according to a Pew Research survey released in November. Approximately 41% of respondents in South Korea supported same-sex unions, placing the country ninth on a list of 12 countries and regions. Japan had the highest support at 68%, while Indonesia ranked last at 5%, according to the survey. 

So, one of the plaintiffs, expressed his happiness about the decision. “Love has won again,” he said at a press conference.