After losing in the first trial, Kim Yong-min and So Seong-wook appealed the case. Last February, the High Court recognized their qualifications as beneficiaries.
English Translation: Juyeon
Translation review: 지니
Writer of the original text: 레이
Review and amendments to the original text: Miguel
In 2020, the Korean National Health Insurance Service (NHIS) recognized the eligibility of Kim Yong-min and So Seong-wook, a same-sex couple, as beneficiaries. However, after the case was made public through the media, So's eligibility as a beneficiary was canceled. The couple filed a lawsuit, but they lost in the first trial as their de facto relationship as a same-sex couple was not recognized (For more details, please refer to the previous article). In the subsequent appeal trial, the judges showed positive signs of change by demanding that the NHIS explain the essential differences between same-sex couples and de facto relationships.
The court recognizes the legal status of same-sex couples for the first time
On February 21, 2023, the second trial judge overturned the verdict of the first trial and raised the hands of Kim Yong-min and So Seong-wook. Although they did not recognize that the couple were in a de facto marriage, the judge criticized the discrimination against same-sex couples who were denied health insurance benefits on the basis of their same sex relationship. Instead of using the term "same-sex couple," the judge used the ambiguous phrase "partner in same-sex union," and pointed out that the couple were "a group of people in a de facto cohabitation relationship that is essentially the same as (heterosexual) de facto marriage, except for their sexual orientation." The judge also stated, "they are essentially the same group; regardless of whether they are heterosexual or homosexual, the group of (heterosexual) cohabiting partners and the group of same-sex partners." Based on this, the court ruled that “the decision of the NHIS to only recognize heterosexual de facto spouses as beneficiaries and not same-sex partners was discrimination based on sexual orientation.”
The court highlighted the significance of the beneficiary system of the National Health Insurance for dependents. In South Korea, not only those with income but also those without income can receive health insurance benefits. For instance, in a household of a married couple, if only one person has an income, the other can be recognized as a dependent and receive health insurance benefits. The court noted that this system is designed to apply health insurance to those who rely on employed family members for their livelihoods due to a lack of economic capability, pointing out that the concept of family eligible for health insurance benefits may change over time. Furthermore, the court explained that the range of application for the beneficiary system cannot be limited only to legally defined family members. The court emphasized that anyone could be a minority in some aspect and that belonging to a minority simply means being different from the majority and does not necessarily imply being wrong or incorrect. The court stressed that in a society where majority rule prevails, it is necessary to recognize and protect the rights of minorities, and this is one of the most important duties of the court, which is the ultimate guardian of human rights.
Although the recent decision is still disheartening in that it still does not recognize same-sex couples as married, it is significant as it highlights the significance of protecting same-sex couples under social security systems, as the concept of family and community evolves over time. It also emphasizes that excluding same-sex couples from social security benefits on the basis of their minority status is discriminatory. The court's emphasis on the state's duty to promote the understanding of minority rights and protect them is an encouraging development. This is an even more positive change, as it is the first case to acknowledge the social rights of same-sex couples.
The NHIS appeals the ruling that recognizes same-sex partners as beneficiaries under health insurance
However, the NHIS has expressed its intention to appeal to the Supreme Court against the decision of the second trial. In contrast to the "same-sex partnership" system in Japan established in 2015 and the legalization of same-sex marriage in Taiwan in 2019, the NHIS is continuing its fierce legal battle to deny the qualification of dependent coverage for social minorities.
After the court's decision, Kim Yong-min and So Seong-wook welcomed the ruling, stating that it was "a victory for everyone who hopes for an equal society for same-sex couples." However, as the couple also revealed in media interviews, there were several forms of discrimination they faced during the necessary legal process, such as being unable to receive their spouse's registered mail that they would have received without issue if they were a heterosexual couple. Discrimination frequently occurs in various aspects of life, often without people even realizing it. We hope that this decision, which goes beyond providing a social service in the form of healthcare, will become a cornerstone for even more change.
English Translation: Juyeon
Translation review: 지니
Writer of the original text: 레이
Review and amendments to the original text: Miguel
References (available in Korean)
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