In landmark verdict, South Korea's top court recognizes some rights for same-sex couples

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Andrew Feinberg

White House Correspondent

South Korea’s top court ruled Thursday that same-sex couples are eligible to receive the same health insurance benefits as heterosexual couples, a landmark verdict hailed by human rights groups.

The Supreme Court said it ruled that the state health insurance agency’s refusal to provide spousal insurance coverage for gay couples was an act of discrimination that violates the constitutional principle of equality.

Thursday’s ruling is final and cannot be appealed.

“Today’s ruling is a historic victory for equality and human rights in South Korea,” Amnesty International said in a statement. “The court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all.”

A legal battle between a gay couple, So Seong-wook and Kim Yong Min, and the National Health Insurance Service began after the insurance agency revoked So’s registration as a dependent of Kim, prompting So to file an administrative suit.

In 2022, the Seoul Administrative Court ruled in favor of the insurance agency. But in February 2023, the Seoul High Court overturned the earlier verdict, saying that denying So’s spousal coverage rights without reasonable grounds was discriminatory because such benefits are given to heterosexual spouses.

Public views on gender issues in South Korea have gradually changed in recent years, but critics say the Asian country still has a long way to go compared with other developed countries. South Korea doesn’t legally recognize same-sex marriages.