In a landmark ruling that has sent shockwaves of joy and relief throughout the LGBTQ+ community, on July 18 South Korea’s Supreme Court upheld that same-sex couples are eligible to receive state health insurance as a spousal benefit in the same way that heterosexual couples are. This ruling marks a major milestone in the country’s journey towards greater inclusivity and equality.
The decision ends a legal battle between a gay couple, So Seong-wook and Kim Yong-min, and the National Health Insurance Service. The couple elected to file the case after the insurance agency revoked So’s registration as a dependent of Kim, prompting So to file an administrative suit.
Chief Justice Jo Hee-de, who presided over the case, declared such blatant inequality to be unjustified. He referred to the absence of specific clauses referencing same-sex unions in the national health insurance act. “It is 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, and the degree of violation is serious,” Justice Jo said in a televised trial.
For years, South-Korea’s LGBTQ+ community has faced significant challenges in their quest for recognition and equality. While campaigns to legalize same-sex marriage have succeeded in neighboring countries like Thailand and Taiwan, there is no legal recognition of LGBTQ+ unions in South Korea. South Korean couples who wish to get married legally are forced to move abroad to do so.
Additionally, LGBTQ+ South Koreans encounter discrimination in various aspects of life, including employment, education, and healthcare. The lack of legal recognition and protection leaves many vulnerable to marginalization and exclusion.
This ruling marks the beginning of a new era in South Korea. It paves the way for greater protection of LGBTQ+ rights, and serves as a model for other countries to follow.
Chang Suh-yeon, one of the lawyers who represented the couple, said, “With this ruling today, the legal status of same-sex couples will be recognized in the public system, so I think the existence of same-sex couples will become more visible.”
While this ruling is a significant triumph, there is still much work to be done.
In a public statement, Amnesty International‘s East Asia researcher, Boram Jang, said, “While this decision is a major milestone, the case itself is a sobering reminder of the lengthy judiciary processes that same-sex couples must endure to secure basic rights that should be universally guaranteed.”
This statement on behalf of this human rights group illustrates the need to continuously challenge discriminatory laws, promote education and awareness, and provide support for LGBTQ+ individuals in the quest for equal rights. This decision must serve as a catalyst for further action, inspiring advocacy groups, policymakers, and individuals to work towards a more inclusive society.
South Korea’s latest ruling has the potential to save and improve lives, while inspiring a new generation of activists to continue the fight for LGBTQ+ rights. As we celebrate this victory, it is important to recognize that the journey towards true equality is ongoing. Let us continue to advocate, educate, and support one another, striving for a world where love is love, and everyone has access to the rights and protections they deserve.
