"Submitting Marriage Registration"... LGBTQ+ Community Clenches Fists After Health Insurance Ruling

33 Same-Sex Couples Submitted Marriage Registration Forms Since 2022
Increase in LGBTQ+ Couples Gaining Courage After Health Insurance Ruling
Hope for Recognition of Same-Sex Marriage Rises... "The Ruling Is a Decisive Blow"

On the 18th, the Supreme Court issued a ruling recognizing the partner of a same-sex couple as a dependent under health insurance, effectively treating them like a married spouse. In response, members of the LGBTQ+ community have been eagerly submitting marriage registration forms, unable to hide their excitement.

(From left) So Seong-wook and his partner Kim Yong-min, who won the lawsuit against the National Health Insurance Service seeking cancellation of the insurance premium imposition related to the qualification as dependents under the health insurance for same-sex couples.
[Photo by Yonhap News]

On the 23rd, Yonhap News reported on a same-sex couple, 'Samsik' (pseudonym, 34) and his partner, who submitted their marriage registration form on the 19th following the Supreme Court ruling. They have been in a relationship for 11 years since 2013 and expressed immense joy over the recent Supreme Court decision recognizing same-sex couples as eligible for health insurance dependent status.

Previously, in March 2022, with the local governments' family relationship registration electronic system being updated, it became administratively possible to submit marriage registration forms regardless of gender. However, when same-sex couples submitted their forms, courts rejected them, considering such marriages as "same-sex marriages that cannot be accepted under current law." From March 2022 until last month, a total of 33 same-sex marriage registration forms were submitted nationwide but were not accepted.

Samsik said, "It was always uncomfortable knowing that even though we loved each other for a long time, in Korea, we were considered as having no relationship at all," adding, "I was treated like an invisible person, but when I watched the live broadcast of the Supreme Court ruling, I felt somewhat recognized, and tears welled up." Although the court did not officially recognize same-sex marriage, they believe this ruling could serve as a stepping stone toward its recognition.

Despite knowing well that their marriage registration might not be accepted, Samsik said he was determined to submit the form. He stated, "The day after the ruling, I made up my mind to submit the marriage registration form at the district office," adding, "It was something we had planned for a while, but this ruling was the final push. We held a wedding in Hawaii, USA, in April last year and completed the marriage registration there, but I never dared to submit the registration in Korea until now, so I’m relieved."

He continued, "I want to contribute even just by numbers to gain the right to marry openly," and expressed hope that "showing how many LGBTQ+ people want to marry will provide legislative grounds for legalizing same-sex marriage."

(From the right) Same-sex couple Kim Gyu-jin Kki and his partner Kim Se-yeon. The child in the middle is 'Rani' (nickname), who was born to Kim Gyu-jin after receiving a sperm donation.
[Photo by Cosmopolitan]

Kim Gyu-jin (33), who gave birth to a child through in vitro fertilization using donated sperm and is part of the first lesbian couple in Korea to do so, also celebrated the health insurance ruling. She said, "This ruling gives us hope that someday both my wife and I can become the legal mothers of our daughter, 'Rani,'" adding, "If no one breaks through the wall, our existence won’t even be recorded. I plan to gather LGBTQ+ couples around me and submit marriage registration forms together at the district office again." Previously, Kim attempted to register her marriage at Jongno District Office in Seoul in 2020 but ultimately failed.

Meanwhile, on the 18th, the Supreme Court ruled in the appeal case regarding So Seong-wook, an LGBTQ+ individual who filed a lawsuit against the National Health Insurance Service (NHIS) to cancel the imposition of insurance premiums. The court decided that a same-sex partner in a de facto marital relationship can be registered as a dependent under health insurance. So had held a wedding with his same-sex partner Kim Yong-min in 2019 and was registered as a dependent under Kim, who was a workplace health insurance subscriber, in February of the following year. However, in October of the same year, the NHIS revoked So’s dependent status ex officio and imposed insurance premiums as a regional subscriber.

So filed an administrative lawsuit arguing that denying dependent status solely because of their same-sex relationship, despite being in a de facto marriage, contradicts the purpose of the dependent system. The first trial dismissed So’s claim, but the Seoul High Court, which heard the second trial, ruled in February last year that the NHIS’s action discriminated against same-sex couples without justification and ruled in favor of the plaintiff. The Supreme Court pointed out that discrimination by the NHIS against someone in a de facto marital relationship violates the constitutional principle of equality and stated, "Based on the essence of the dependent system, there is no reason to treat same-sex partners differently from those in a de facto marital relationship." This was the rationale behind the ruling.