Many couples from various countries have tried to obtain recognition as married in S. Korea. There were a few cases of some foreign soldiers and diplomatic same-sex couples that had been recognized. However, other common citizens were not the case in both the public and private sectors.
English Translation: 지니
Translation review: Juyeon
Writer of the original text: Miguel
Review and amendments to the original text: 레이, 에스텔
The recent trial from S. Korean court was hopeful news for many queer communities. Considering that the Korean National Health Insurance Service decided to appeal the case, it may take more time before the final verdict is reached. However, it seems certain that any change is imminent. If the final verdict (at least) partially admits the legal status of their de facto relationship as a same-sex couple, it could also have implementation for other foreigners in S. Korea.
A number of foreigners living in S. Korea have put a lot of effort into obtain legal recognition of same-sex couples. Although some private companies partially recognized their marital rights, it was not easy in most cases.
Legal recognition is only limited to people on official duties.
Even some countries that don’t legally recognize same-sex relationships do make exceptions for couples that are married in foreign countries. S. Korea seems to follow this trend, as shown in the case of the US forces stationed in Korea. Because of the conflict between South and North Korea, the US forces play an important role in Korea, which affects the S. Korean government’s stance when it comes to the US troop.
In 2013, the US forces in S. Korea who married same-sex partners in their own country filed a complaint, arguing that they were not getting the same benefits as heterosexual couples such as visa issuance, ration privileges, etc. Because SOFA, the Status of Forces Agreement doesn’t limit spouses to heterosexual couples, the US army requested the Korean government to recognize same-sex couple soldiers in the country. The Korean government agreed to it in 2016, and since then, same-sex couples in the US forces in Korea have received the same benefits as heterosexual couples. However, this privilege doesn’t apply to common American citizens living in Korea, nor to Korean citizens.
Foreign diplomatics can issue an F-1 visa, which is a visiting and joining family visa even in the case of same-sex partners. An interesting case in 2019 involved Mr. Philip Turner, the former Ambassador of New Zealand to S. Korea, who was the first diplomat who visited Korea with a same-sex partner. He wanted to accompany his spouse, Mr. Hiroshi Ikeda to the credential ceremony. The government frowned on his idea at first, but later the Ministry of Law quietly modified relevant policies right before the event, making it possible for Mr. Ikeda to attend it. Queer communities pointed out that the Korean government kept silent on this change, wanting it not to be known publicly, and that the government still doesn’t recognize other same-sex couples’ legal rights.
Common citizens don’t get the recognition.
Another case shows that some individuals do not even have a chance at recognition. Simon Hunter-Williams, a British, married his South Korean same-sex partner in the UK in 2015. Two years after their marriage, they applied for a Marriage Migrant Visa from the Korean government, asking to be recognized as a couple. Mr. Williams sent a letter to former president Moon Jae-in, urging that “I’ve lived for a long time in Korea, and I love this country. We are also thinking about adopting a child, but if our relationship cannot be legally recognized, even going to the hospital would be impossible because of the insurance issue.”
However, the Ministry of Law rejected the request, stating that it is not possible due to the legal definition of marriage and public opinion. Of course, it was not the only visa type that Mr. Hunter Williams could issue, but another visa type would not be identical to the status of married a couple recognized in the UK.
The last case happened in 2019. Todd Henry, an American professor, Queer Korea’s editor, and co-author asked for a dormitory service for his same-sex de facto partner when he came to the Seoul National University as a visiting professor. This request would have gotten approval without any problem if they were a heterosexual couple. However, the Seoul National University rejected it and added that even if Professor Henry’s couple were to marry in the US and bring an official document to prove it, the result wouldn’t be changed.
A possibility of recognition remains.
There is another choice unless it is official recognition. For example, Kim Kyu-jin who married a same-sex partner in the US succeeded in designating her partner as the beneficiary of her insurance. It’s not surprising because the insurance was not a national healthcare service, which can designate anyone as their beneficiary of the contractor as long as they agree. Since Korea doesn’t recognize same-sex marriage, Kim Kyu-jin registered her wife as a ‘friend’, not a ‘spouse’ on the insurance document. In another press interview, she stated that she got legal advice to establish a corporation for stable insurance coverage.
In 2019, the Korean Air accepted registrations for same-sex couples in their mileage program. The couple had married in Canada, and the airline answered that they decide whether to recognize and register its relationship depending on each country’s law.
English Translation: 지니
Translation review: Juyeon
Writer of the original text: Miguel
Review and amendments to the original text: 레이, 에스텔
References (available in Korean)
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