The Supreme Court of South Korea has granted same-sex couples new rights, ruling on Thursday that gay companions must be covered by state health plan, a landmark decision that drew joyous cheers from campaigners.
The court’s decision, which activists welcomed with applause as it was announced, required that” National Health Insurance may recognize marriage insurance coverage for same-sex couples.”
The Supreme Court’s verdict, being finalized and based, permits common-law families of the same sex to record as relatives on their partners ‘ health insurance. The jury argued that discrimination is a form of excluding couples based purely on sexual orientation.
The court ruled that “it is bias based on sexual orientation to exclude the partners just because they are same-sex.”
” It is a biased act that violates individual dignity and values, the right to pursue happiness, freedom of protection, and the right to become equal before the law, and the degree of infringement is significant”, the jury added.
So Seong-wook and Kim Yong-min, a gay couple who have lived together and held a wedding ceremony in 2019, brought the landmark case, despite South Korea’s legal disclaimer. In 2021, So Seong-wook filed a lawsuit against the National Health Insurance Service ( NHIS ) after it withdrew benefits for his partner, who had been registered as a dependent, because they were a gay couple.
A notable Seoul High Court decision that year sided with the couple and required the NHIS to reinstate the dependent benefits was ruled in favor of the couple. The NHIS, which extends spousal coverage to common-law partners, challenged this decision, escalating the issue to the Supreme Court.
The LGBTQI community in South Korea has a significant shift in the Supreme Court’s case. Many people left the courtroom, many of whom were holding rainbow umbrellas and wiping away tears.
Though same-sex marriages are not recognized, gay relationships are not criminalized in South Korea. Nevertheless, LGBTQ individuals often live discreetly. Despite the fact that proposed laws have stalled in the South Korean parliament, activists have pressed for anti-discrimination legislation based on sexual orientation.
Outside the court, ahead of the verdict, some anti-LGBTQ I Christian groups protested, bearing banners that read, “let us repent to the Lord”. After the verdict announcement, the press conference intended by the couple, So Seong-wook and Kim Yong-min, was disrupted by Christian activists denouncing homosexuality.
The decision was hailed as” a historic victory for equality and human rights in South Korea,” according to Amnesty International.
The Court has taken a significant step in removing systemic discrimination and ensuring equality for all, according to the rights group.
While this decision is a significant milestone, the case itself serves as a somber reminder of the protracted legal processes same-sex couples must go through to ensure fundamental rights that should be upheld by everyone. It is disheartening that in 2024, same-sex couples still face such significant barriers to equality”.
