South Korea Supreme Court Upholds Landmark Ruling on Gay Couple’s Spouse Status

South Korea’s top court ruled in favor of a gay couple seeking spousal coverage for national health insurance benefits, in a landmark decision that might pave the way for recognizing same-sex marriage in the country. 

In its ruling Thursday, the Supreme Court acknowledged same-sex couples as eligible dependents to be covered by the public health insurer. 

The decision is a first for the country when it comes to marriage equality, but it is also a narrow finding that allows for a legal status within the health care system. It does not mean that South Korea gives full legal recognition to same-sex marriages.

The court said in a statement that withdrawing the spousal insurance coverage amounted to discrimination based on sexual orientation.

Read More: Queer South Koreans Hope for an Anti-Discrimination Law to End Decades of Discrimination

“Today’s ruling is a historic victory for equality and human rights in South Korea,” said Amnesty International’s East Asia researcher Boram Jang.

“While this decision is a major milestone, the case itself is a sobering reminder of the lengthy judicial processes that same-sex couples must endure to secure basic rights that should be universally guaranteed,” Jang said in a statement posted on the website for the human rights group.

The two men who are the plaintiffs, Kim Yong-min and So Seong-wook, filed the suit against the National Health Insurance Service in 2021 after their spousal benefits were stripped, following local media report on their same-sex union.

The couple then filed a lawsuit seeking spousal dependent status in 2021, saying they were being discriminated against by the NHIS. While the country only legally recognizes marriage as between heterosexual couples, the NHIS has regulations that allow it to give spousal status to common-law partners.

Support for same-sex marriage is relatively low in South Korea compared to other places in Asia, according to a Pew Research survey released in November. About 41% of respondents in South Korea supported the unions, placing the country ninth in a list of 12 countries and regions. Support was highest in Japan at 68%, while Indonesia ranked at the bottom at 5%, according to the survey. 

So, one of the plaintiffs, was happy for the decision. “Love has won again,” he said at a news conference.