SEOUL, South Korea – South Korea’s top court ruled Thursday that same-sex couples are eligible for the same health insurance benefits as opposite-sex couples, a landmark ruling that was praised by human rights groups.
The Supreme Court said it ruled that the state health insurance agency’s refusal to provide spousal coverage to gay couples was discriminatory and violated the constitutional principle of equality.
Thursday’s ruling is final and cannot be appealed.
“Today’s ruling is a historic victory for equality and human rights in South Korea,” Amnesty International said in a statement. “The court takes an important step towards eliminating systemic discrimination and ensuring inclusion for all.”
The legal dispute between the gay couple So Sung-wook and Kim Yong-min and the National Health Insurance Corporation began when the National Health Insurance Corporation canceled the registration of So Sung-wook’s family, prompting So to file an administrative lawsuit.
In 2022, the Seoul Administrative Court ruled in favor of insurance institutions. But in February 2023, the Seoul High Court overturned the previous judgment, saying that depriving Su of his spousal insurance rights without reasonable grounds was discriminatory because such benefits are given to opposite-sex spouses.
South Korea’s views on gender issues have gradually changed in recent years, but critics say the Asian country still has a long way to go compared with other developed countries. South Korea does not legally recognize same-sex marriage.
Amnesty International said: “While this decision is an important milestone, the case itself is a sobering reminder that same-sex couples must go through the lengthy judicial process to obtain universally guaranteed fundamental rights.”
Therefore, Kim Jong Un welcomed the ruling.
“When I heard the verdict, I was so moved that I couldn’t help but shed tears,” Su told reporters outside the court. He said he hoped the ruling would prompt South Korea to legally accept same-sex marriage.
King said he was “so happy” because he thought the court recognized his love for Sue.