The Supreme Court en banc has ruled that same-sex couples in a de facto marital relationship are recognized as dependents under the National Health Insurance. It stated that not recognizing dependent status for same-sex couples constitutes unreasonable discrimination without rational grounds and violates the constitutional principle of equality.
On the 18th, the Supreme Court en banc (Presiding Justice Kim Seon-su) dismissed the appeal by the defendant, the National Health Insurance Corporation, in a lawsuit filed by So Seong-wook, who challenged the imposition of insurance premiums after his status was changed following the registration of his same-sex partner as a dependent (spouse) under the National Health Insurance, thereby upholding the lower court's ruling.
The Supreme Court stated, "Based on the essence of the dependent system, there is no reason to treat a same-sex partner differently from a person in a de facto marital relationship." It added, "Excluding a same-sex partner from being a dependent solely because they share the same sex with the insured person constitutes discrimination based on sexual orientation. This exclusion means that the relationship of two people living together and supporting each other is not recognized even under the dependent system of the National Health Insurance, a fundamental social security system rather than a traditional family law system, regardless of the economic disadvantage caused by the insured person having to pay premiums as a regional subscriber." The court further stated, "This is discriminatory conduct that infringes on human dignity and value, the right to pursue happiness, freedom of privacy, and the right to equality before the law, and the degree of infringement is serious."
Furthermore, the court pointed out that the National Health Insurance Corporation committed a 'procedural defect' by not providing prior notice or an opportunity to submit opinions during the process of unilaterally canceling the registration of the same-sex partner as a dependent.
Mr. So held a wedding ceremony with his same-sex partner Kim Yong-min in 2019 and was registered as a dependent under Kim, who was a workplace subscriber to the National Health Insurance, in February of the following year. However, in October of that year, the Corporation imposed a premium payment order, stating that he did not meet the conditions for dependent recognition.
Mr. So filed an administrative lawsuit arguing that "denying dependent status under the National Health Insurance solely because of being same-sex, despite being in a de facto marital relationship, contradicts the purpose of the dependent system." The first trial court dismissed his claim. However, the Seoul High Court, which heard the second trial, ruled in February last year that the imposition of insurance premiums by the National Health Insurance Corporation was wrongful discrimination against same-sex couples without reasonable grounds and ruled in favor of the plaintiff.
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