A South Korean high court ruled this past week that partners in a same-sex relationship are eligible for national health insurance coverage overturning a ruling last year by a lower court that denied the benefits.
The Korea Herald reported the Seoul High Court’s ruling is the first that recognizes the status of a same-sex partner as a dependent eligible for national health insurance, but noted that this did not mean that it recognizes the “legal status” of a same-sex marriage.
The lower court had ruled that “the union of a man and woman is still considered the fundamental element of marriage, according to civil law, precedents of the Supreme Court and the Constitutional Court and the general perception of society.”
The lower court had also added: “Under the current legal system, it is difficult to evaluate the relationship between two people of the same sex as a common-law relationship.”
The case was brought about by a lawsuit, filed last year by So Seong-wook, which challenged South Korea’s National Health Insurance Service after it took away his ability to receive spousal benefits from the employer of his partner Kim Yong-min.
According to the Korea Herald, the NHIS allowed Kim to register So as his dependent in early 2020 — later reversing the decision citing their same-sex marriage. It was believed to be the first such case in the country.
In the lawsuit, So claimed he and his partner were discriminated against because the NHIS grants spousal coverage to common-law partners, often used by opposite-sex couples who are not married.
In this week’s ruling by the high court it stated “The plaintiff and his partner are both male, but they agreed to recognize each other as loving partners who take care of each other. One financially relies on the other. They declared their partnership before their families and friends. This makes their relationship no different in essence from that of a married couple.”
Attorney Park Han-hee, a legal representative of the couple, told the Korea Herald that this landmark court decision could set a precedent to prevent discrimination against sexual minorities.
“This court ruling is not just about individuals fighting over insurance payments. Instead, I hope the ruling can set a precedent that discourages the state from hindering same-sex couples’ rights,” said Park, who identifies as transgender.
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