For the first time, a South Korean court recognized the rights of a same-sex couple on Tuesday (February 21st) in a landmark decision hailed by activists as a significant victory for LGBT rights.
The case, which will now go to the Supreme Court, was initiated by So Seong-wook and Kim Yong-min, two men who married in 2019 in a ceremony that had no legal validity in the country. under South Korean law, which does not recognize same-sex marriages.
“Our rights are recognized”
In 2021, So Seong-wook sued the country's public health insurance service, the National Health Insurance Service (NHIS), after benefits for his partner, registered as a dependent, were cut off after the NHIS discovered that So Seong-wook and Kim Yong-min were a same-sex couple.
A lower court ruled in favor of the NHIS in 2022.
But, in a major reversal, the Seoul High Court overturned that decision on Tuesday, ordering the health insurance department to restore Kim Yong-min's benefits.
“
Today our rights are recognized within the legal system
,” Kim Yong-min said after the hearing, according to South Korean news agency Yonhap.
“
This represents a victory for all those who want equality for same-sex couples.
»
The NHIS is appealing
The court did not provide detailed reasons for its decision.
The NHIS told AFP it would appeal.
"
This judgment is important because it is the first decision, taken by a court of any level in South Korea, which legally recognizes same-sex couples," observed
Jang Boram of Amnesty International in a communicated.
Read alsoThe pope did not come out in favor of same-sex marriage
If South Korea still has a "
long way (to go) to put an end to discrimination (...) this decision gives hope that prejudices can be overcome
", declared Jang Boram.
Seoul does not criminalize same-sex relationships, but marriages are not recognized and many LGBT people tend to live under the radar.
Activists have long insisted on the need for a law against discrimination based on sexual orientation, but no text has yet reached a consensus among South Korean parliamentarians.
