Beginning of the “Marriage Equality Lawsuit”
- lgbtnewskorea
- Apr 15
- 6 min read
11 same-sex couples living in Korea have filed a lawsuit arguing that rejecting their marriage registrations is an unjust form of discrimination.
English Translation: 피웊
Translation review: Juyeon
Writer of the original text: 레이
Review and amendments to the original text: Miguel
Web & SNS Posting: Miguel
News Card Design: 가리
*This piece was written in late November to early December of last year, 2024. Its publication was delayed due to the military coup crisis that occurred in South Korea around that time. Please keep this context in mind as you read.
“Lord! Grant same-sex couples a taste of the same hell we endure.” This witty banner was displayed by the "Korean Association of Married People" when Kim Jho Gwang-soo and Kim Seung-hwan, a same-sex couple, held their wedding on September 7, 2013. However, their marriage registration was not accepted. In response, the couple filed a complaint with the Seoul Western District Court on May 21, 2014, but it was dismissed.1 Ten years later, same-sex marriage still lacks legal recognition in Korea. On National Coming Out Day (NCOD), October 11, 2024, 11 same-sex couples living in Korea filed a lawsuit.2 The couples argue that local government offices rejecting their marriage registrations solely because they are same-sex couples constitutes unjust discrimination. They are requesting the court to rectify this decision. This is the first large-scale lawsuit challenging the constitutionality of the current Civil Code and administrative actions that deny marriage registrations to same-sex couples.3
On October 10, civic organizations, including the Rainbow Action Against Sexual Minority Discrimination and the Marriage Equality Solidarity, held a press conference through their campaign group Marriage for All. They stated, “The current Civil Code violates the equality, pursuit of happiness, and freedom of marriage of same-sex couples.” The 22 plaintiffs have lived together as de facto partners, forming economic communities for an extended period. Despite no explicit legal prohibition in the Civil Code against same-sex marriage (except in cases like incest or polygamy), their marriage registrations have been rejected.
"The reason same-sex couples want to marry is no different from others—they want to love each other, share their lives, and live as a family."
What is the Marriage Equality Lawsuit?
The lawsuit by Marriage for All has two primary objectives: First, to file an appeal with the court based on the rejection notices issued for the marriage registrations of the 11 same-sex couples. Then, to request the courts to examine the unconstitutionality of the Civil Code, which only permits heterosexual marriages, by submitting constitutional review applications. If the courts accept these applications, the case will be referred to the Constitutional Court. If dismissed, the plaintiffs plan to file constitutional complaints directly. Alongside this legal action, they will campaign for legislative amendments to define marriage as valid for both heterosexual and same-sex couples.
Kim Yong-min (34) and So Seong-wook (33), married couple involved in this lawsuit, had previously won a landmark Supreme Court ruling in July that recognized same-sex de facto spouses as dependents under the National Health Insurance. Two weeks after the ruling, the National Health Insurance Service granted dependent status to So, making them one of at least four same-sex couples with such recognition.
Legal Battle for Recognition of Same-Sex De Facto Couples as Dependents in Health Insurance:
Read the article from LGBT News Korea on the first trial: Who Grants Them Family Rights? - About the Lawsuit between Same-Sex Couples and the National Health Insurance Corporation.
Read the article from LGBT News Korea on the second trial: Who Grants Them Family Rights? II – About the Lawsuit between Same-Sex Couples and the National Health Insurance Corporation.
Read the article from LGBT News Korea on the Supreme Court decision: Supreme Court Recognizes Same-Sex Couples as Dependents...First Case of Rights Recognition for Same-Sex Couples.
Currently, same-sex marriage is legally recognized in 39 countries, including the United States, the United Kingdom, Australia, and Brazil. Asia has also witnessed significant progress. Taiwan legalized same-sex marriage in 2019, becoming the first Asian country to do so. In June 2023, the Supreme Court of Nepal issued a landmark interim order mandating the registration of marriages for all same-sex and transgender couples. By November, local administrative offices began registering same-sex marriages.8 Similarly, Thailand passed its Marriage Equality Law in June, allowing marriage registration regardless of gender starting January next year. In Japan, related lawsuits have been ongoing in five cities since 2019, and in March, the Sapporo High Court ruled that prohibiting same-sex marriage is unconstitutional.
Attorney Cho Sook Hyun from the Public Interest and Human Rights Advocacy Center of MINBYUN, Lawyers for a Democratic Society, stated: “When we challenged patriarchal family registry systems and marriage prohibitions for same-surname couples in the past, there were concerns about the collapse of family structures. But nothing happened; equality was realized instead. Legalizing same-sex marriage is not only about securing rights for same-sex couples but also about addressing discriminatory practices in family law.”
Social attitudes in Korea are also changing.4 According to a May 2023 Gallup Korea survey, 40% of respondents support legalizing same-sex marriage, a 15% increase from a decade ago. Over half of young Koreans now support marriage equality, suggesting this shift will continue to accelerate.
Testimonies from the Petitioner
The media's interest in the marriage equality lawsuit is intense. After the lawsuit was filed, major current affairs media outlets have been telling the stories of the 11 couples through in-depth feature articles. Particularly, Sisa In has met all 11 couples and delicately captured their lives and dreams.5 Following are the testimonies of the plaintiffs from the marriage equality lawsuit press conference.6
Son Mun-suk, a petitioner, said, “Two years ago, Jia and I submitted our marriage registration to the Mapo-gu Office, knowing it wouldn’t be officially recognized. We did this to let the Mapo-gu Office, Seoul City, and the South Korean government know that people like us exist. Our participation in this lawsuit stems from the same reason: to show that we, as ordinary citizens of Korean society, are already living as family members with our loved ones.”
Jeong Kyuhwan, another petitioner, shared: "For the past ten years, Kim Chan-young, who is beside me, and I have loved and cared for each other. Like everyone here, the greatest joy and driving force of our life is spending our days at work, then coming home to a warm dinner, watching TV, and asking, 'Was everything okay today?' and taking care of our dog. We enjoy the life of an ordinary couple, but in front of the law that does not recognize our relationship, I have felt increasingly insignificant. Even as we live together, whether it's dealing with paperwork, looking for a home, signing up for insurance in case of an accident, or discussing inheritance issues, we have been treated not as a family but as strangers. At work and in society, only half of the life we actually live seems to be recognized. (...) If someone asks me what is most important in life, I would say 'family.' My desire for marriage equality stems from the same reason everyone values 'family'—because it is precious. To me, my current family feels the most natural and valuable."
Yi Horim, an activist with Marriage for All, said: "The reason same-sex couples want to marry is no different from others—they want to love each other, share their lives, and live as a family. However, in Korean society, they are excluded from the protection, respect, and dignity that marriage provides. It is a fundamental issue of dignity and an 'immediate, urgent matter of livelihood' for sexual minority citizens to envision their future and continue their lives here. Sexual minorities in Korea have been fighting to reclaim this dignity, and this lawsuit is a continuation of that struggle. Same-sex couples living as your neighbors throughout our society have stepped forward as plaintiffs in this lawsuit to enjoy equal protection and respect. We hope that fellow citizens will join us in this journey with warm support and solidarity."
Please refer to the Marriage for All YouTube channel(https://www.youtube.com/watch?v=K00aqcXpdxs), website(https://marriageforall.kr/), and Instagram(https://www.instagram.com/marriageforall.kr/) for videos related to the marriage equality lawsuit press conference and news about the couples involved in the lawsuit.
English Translation: 피웊
Translation review: Juyeon
Writer of the original text: 레이
Review and amendments to the original text: Miguel
Web & SNS Posting: Miguel
News Card Design: 가리
References (available in Korean)
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