Supreme Court's First Legal Recognition of Same-Sex Couples...Foreign Media Praise as "Groundbreaking Ruling"

Foreign media have described the South Korean Supreme Court ruling that allows same-sex partners in de facto relationships to be registered as dependents under health insurance as a "landmark ruling" and a "historic victory" for LGBTQ rights.

Sungwook So and Yongmin Kim (right), who won a lawsuit against the National Health Insurance Service seeking the cancellation of the insurance premium imposition related to the dependent qualification of same-sex partners, are leaving the Supreme Court in Seocho-gu, Seoul, holding hands with bright expressions.
[Image source=Yonhap News]

On the 18th (local time), major foreign media reported, "The South Korean Supreme Court ruled that same-sex partners are eligible for spousal benefits under the national health insurance, portraying this as a victory for LGBTQ rights in South Korea, which has lagged behind other regions."

AFP News Agency called the ruling a "historic victory for the rights of same-sex spouses," describing it as a "groundbreaking and significant moment for the LGBTQ community in South Korea." It added, "This ruling is final and cannot be appealed, thus allowing same-sex de facto spouses to be registered as dependents under the National Health Insurance, a benefit previously only available to opposite-sex spouses."

However, foreign media pointed out the limitation that the ruling does not recognize "same-sex marriage." Bloomberg News noted that while this is "South Korea's first ruling on marriage equality for sexual minorities, it is a narrow decision recognizing legal status only within health insurance," emphasizing that "this does not mean South Korea fully legally recognizes same-sex marriage."

Another foreign outlet reported, "While Taiwan and Thailand have legalized same-sex marriage, South Korea does not legally recognize same-sex partnerships, forcing same-sex couples who wish to marry legally to move abroad."

AFP stated, "South Korea does not consider homosexuality illegal but does not recognize same-sex marriage, and LGBTQ individuals tend to hide their sexual orientation." It added, "Activists have long emphasized the need for legislation banning discrimination based on sexual orientation, but the anti-discrimination law has not been enacted for years due to lack of consensus in the National Assembly."

Meanwhile, on the same day, the Supreme Court's full bench ruled that same-sex partners in de facto relationships can be registered as dependents under health insurance. The court stated, "Although there is no explicit provision in the National Health Insurance Act excluding same-sex partners from dependents, excluding them solely because they are of the same sex constitutes discrimination based on sexual orientation," adding, "This is an act of discrimination 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."