"Passage from the Judgment That Resonated... In Some Ways, Everyone Is a Minority"

'Geonbososong' Winning Same-Sex Couple Appears on Kim Eo-jun's Broadcast
When Asked About the Impressive Judgment, They Said "Protection of Minorities"
"Hope Same-Sex Marriage Is Legalized Soon in Korea"

[Asia Economy Reporter Ryu Jeong-min] "It resonated not only with me but with many people. Now, anyone can be a minority in some aspect..."

Kim Yong-min, a plaintiff who won the 'health insurance lawsuit' for same-sex couples, appeared on the YouTube show "Kim Eo-jun's Humility is Difficult News Factory," hosted by broadcaster Kim Eo-jun, on the 23rd. When asked if there was a phrase in the ruling that touched him, he answered as follows.

"Belonging to a minority simply means being different from the majority; it is not inherently wrong or incorrect. In a society governed by the principle of majority rule, awareness of minority rights and efforts to protect them are necessary, and this is also the greatest responsibility of the court, the last bastion of human rights. This part stood out. In other words, the court explicitly stated that protecting minority rights is its duty, and this trial panel personally demonstrated that."

[Image source=Yonhap News]

Kim is in a de facto marriage with So Seong-wook, a same-sex spouse. So filed a lawsuit against the National Health Insurance Corporation, requesting that same-sex spouses be recognized as dependents of workplace health insurance subscribers. The first trial court rejected So's claim. However, the second trial court (Seoul High Court Administrative Division 1-3) ruled in favor of the plaintiff, stating, "Not recognizing dependent status for same-sex couples constitutes discriminatory treatment based on sexual orientation."

Although the Supreme Court appeal process remains, making it difficult to consider this the final judicial decision, it attracted significant attention as the first case to partially recognize the rights of same-sex couples in the judicial domain. Kim, So's spouse, shared his feelings related to this on the broadcast.

Kim explained, "By chance, I learned that de facto spouses could be registered as dependents of workplace health insurance subscribers, so I thought, 'Why don't we try applying?' I inquired on the National Health Insurance Corporation's website whether it was possible for same-sex couples, and they responded that it was possible for de facto relationships and guided me on how to apply."

Kim said, "We applied following the procedure, and in February 2020, my husband, my spouse, was recognized as a dependent. Since this was good news, we informed people through media interviews. However, as soon as it became known and attracted attention, the National Health Insurance Corporation unilaterally revoked the dependent status, claiming it was a mistake."

Kim explained, "In the second trial, the court continuously questioned the National Health Insurance Corporation about what fundamentally differentiates de facto spouses from same-sex spouses. The corporation failed to provide reasonable grounds for their claim. Ultimately, the court ruled in our favor, stating that since heterosexual and same-sex couples are not fundamentally different, this violates the principle of equality."

However, the Seoul High Court's ruling cannot be seen as judicial recognition of same-sex marriage. Kim conveyed this message, "I hope this ruling becomes a good precedent so that the rights of same-sex couples can be further expanded in various areas."

"But honestly, it took me two years just to achieve this one thing. So I don't think we can keep fighting and winning every time we need individual rights. Therefore, I hope that same-sex marriage can be legalized in Korea as soon as possible so that the rights of same-sex couples can be fully guaranteed."