South Korea’s Supreme Court ruled Thursday that a same-sex couple should have the same right to spousal coverage under the state health insurance program as heterosexual couples, marking the first ruling granting such legal rights despite the absence of recognition under the nation’s civil law.
Upholding a lower court ruling in favor of the plaintiff, the top court said that excluding a same-sex partner from becoming a dependent and receiving spousal health insurance coverage constitutes discrimination based on sexual orientation.
So Sung Uk, the plaintiff, filed a lawsuit against the National Health Insurance Service in February 2021 after it determined that he could not qualify as a dependent of his male partner, Kim Yong Min, and would, therefore, have to pay insurance premiums. The NHIS provides spousal coverage to common-law heterosexual couples.
Plaintiff So Sung Uk (L) and his male partner are pictured at a press conference in Seoul on July 18, 2024, after South Korea’s Supreme Court ruled the same day that they should have the same right to spousal coverage under the state health insurance program as heterosexual couples. (Kyodo)
The Seoul Administrative Court ruled against So in January 2022, saying there was no legal ground to expand the scope of common-law partners to same-sex couples. In February 2023, the Seoul High Court overturned this decision, ruling in favor of the plaintiff and prompting the NHIS to appeal to the Supreme Court shortly after that.
In handing down the Thursday ruling, Cho Hee Dae, the top court’s chief justice, said, “This discrimination infringes upon the dignity and value of a human being, as well as the right to pursue happiness, privacy and equality under the law.”
At a press conference following the ruling, So said he hopes the decision will serve as a stepping stone toward legally recognizing same-sex marriage.
“We faced repeated denials from the National Health Insurance Service, but now we are sharing the outcome, which is recognizing our relationship publicly,” So said about himself and Kim. The two held a wedding ceremony in 2019 despite the lack of legal recognition for same-sex marriages.
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