Human Rights Commissioner Song Doohwan "Welcoming the Ruling Recognizing Same-Sex Spouse Dependents with Joy"

[Asia Economy Reporter Gong Byung-sun] Song Doo-hwan, Chairman of the National Human Rights Commission of Korea (NHRCK), welcomed the court's ruling recognizing same-sex spouses as dependents and emphasized that there should be no discrimination against them.

Song Doo-hwan, Chairperson of the National Human Rights Commission, is taking the witness oath at the National Assembly's audit on the National Human Rights Commission held on the 2nd. Photo by Yoon Dong-joo doso7@

On the 22nd, Chairman Song stated in a press release, "We are pleased to once again confirm through this ruling that prejudice and discrimination against sexual minorities must be eliminated in our society."

The day before, the Seoul High Court Administrative Division 1-3 (Presiding Judges Lee Seung-han, Shim Jun-bo, Kim Jong-ho) ruled in favor of So Sung-wook (32), the spouse of Kim Yong-min (33), a same-sex couple married for five years, in the second trial of an administrative lawsuit against the National Health Insurance Service, requesting recognition of So’s qualification as a dependent under health insurance. The first trial had ruled that same-sex common-law marriage could not be recognized under current law, but the second trial recognized it from the perspective of the principle of equality. The court stated, "The rights and obligations arising from common-law marriage and same-sex unions cannot be essentially distinguished."

The NHRCK stated that it has consistently opposed discrimination based on sexual orientation or gender identity. Chairman Song said, "International covenants on economic, social, and cultural rights have long opposed discrimination against sexual minorities," adding, "The Republic of Korea, as a member of the UN Human Rights Council, voted in favor of the UN resolutions on June 17, 2011, and September 27, 2014, prohibiting discrimination and violence based on sexual orientation and gender identity."

Furthermore, he said, "In the absence of concrete progress in opposing discrimination against sexual minorities and promoting their rights within Korea, the NHRCK recommended to the Speaker of the National Assembly in December 2021 to amend the 'Framework Act on Healthy Families' and enact the 'Life Partner Act' to overcome discrimination and prejudice against sexual minorities and to accept changes in perceptions of diverse family forms and families." He added, "We cannot help but express regret that there has been no substantial discussion at the National Assembly level since then."

Chairman Song stated, "The NHRCK will strive to ensure that sexual minorities can live as equal members of our society, enjoying all rights without hatred or discrimination."