The Seoul High Court ruled on Tuesday, February 21, for a homosexual couple, who asked to benefit from the same health insurance coverage as heterosexual couples.
This decision overturned a decision taken at first instance by a court which validated the request of the National Health Insurance Service, the NHIS, to prohibit a homosexual from registering his partner as a dependant.
Mr Kim and Mr So, 33 and 32 respectively, have been living together since 2017 and tied the knot in 2019 in an unofficial ceremony as South Korea does not recognize marriage between two people of the same sex.
In February 2020, Mr. Kim “
was able to enroll his partner as a dependent in the public health insurance system
,” reports the
Korea Times.
But soon the NHIS discovers that a same-sex couple has formed and suspends Mr Kim's benefits claiming that if he had been able to register his partner as a common-law partner, it was only because of a "
admin error
".
Feeling discriminated against for not being able to be legally recognized as a dependent, Mr. So then decided to take legal action.
At the end of 2021, a court will consider the matter based on the principle of equality before the law.
The Seoul Administrative Court finally ruled in favor of the public health insurance service in January 2022, arguing that same-sex partners "
are not common-law spouses
", explains the South Korean newspaper
Joongang Daily.
Mr. So decides to appeal.
To everyone's surprise, on Tuesday, the Seoul High Court overturned the decision it deemed "
discriminatory
", restoring Mr. Kim's benefits and recognizing equal health insurance coverage for same-sex couples.
At the end of the hearing, the latter declared to the press, with tears in his eyes, “it
is a victory for all those who want an egalitarian society for same-sex couples.
".
The NHIS, however, told AFP that it would appeal.
This High Court ruling historically marks the legal recognition of gay rights but does not, however, recognize Mr. Kim and Mr. So as spouses.
Still a long way to go
“
While this decision is undoubtedly a historic moment for the LGBTQ community in South Korea, much more needs to be done to fight discrimination and ensure full equality for all.
It's far from over.
But today's news offers hope in a terribly homophobic society
,” tweeted Raphael Rashid, a Seoul-based freelance journalist.
South Korea is a country where sexual minorities still face significant challenges and where full equality of rights is not recognized.
If, theoretically, homosexuality is not condemned, in daily life, members of the LGBTQ community confide in preferring to hide their sexual orientation, in order to avoid violence and other forms of discrimination.
The public debate on same-sex marriage continues in South Korea but its legalization meets strong resistance.
Last year, Mr. Kim's case had already been highlighted by the NGO
Human Rights Watch
, which argued that "
discrimination against lesbian, gay, bisexual and transgender (LGBT+) people in areas employment, housing and other sectors is prevalent
in the country,
” reports the
Joongang Daily
.
