On July 18, the South Korean Supreme Court acknowledged the dependent status of same-sex spouses under the National Health Insurance. This marks the first official recognition of rights for same-sex couples in the country. Following the ruling, the National Health Insurance Service (NHIS) extended dependent eligibility to other same-sex couples.
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Translation review: 지니
Writer of the original text: 레이
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Previously, we reported on the lawsuit filed by the same-sex couple, Kim Yong-min and Soh Seong-wook, seeking dependent status under the National Health Insurance Service. Although they initially lost in the first trial, the appellate court found that there was no essential difference between same-sex couples and de facto opposite-sex couples, citing this distinction as a violation of the principle of equality. The appellate court thus ruled in favor of the plaintiffs, asserting that same-sex spouses should be eligible for dependent status. However, NHIS appealed the decision, leading to the Supreme Court review.
Read LGBT News Korea’s article on the first trial: Who Grants Them Family Rights? - On the Same-Sex Couple’s Case against NHIS
Read LGBT News Korea’s article on the appellate decision: Who Grants Them Family Rights? Part 2 – On the Same-Sex Couple’s Case against NHIS
On July 18, the Supreme Court reached a unanimous decision to recognize dependent eligibility for same-sex spouses in de facto marriages, marking the first official acknowledgment of social security rights for same-sex couples. The Court stated, “By granting dependent status to opposite-sex de facto partnerships and not to same-sex partnerships, society treats these essentially identical groups differently based on sexual orientation. Same-sex couples form a household that constitutes an economic partnership equivalent to a marital relationship, thus fulfilling the requirements of ‘de facto marriage’ for dependent status eligibility.”
This ruling upholds the appellate decision, which found that denying dependent status to same-sex spouses violated the constitutional principle of equality and was both procedurally and substantively unlawful. Moreover, the ruling underscored the need for respect and recognition of same-sex partnerships. In a media interview, Kim Yong-min shared, “They referred to us as ‘same-sex partners’ in the ruling, which made me realize that same-sex couples can now be recognized as partners in South Korea. I was truly happy.” This landmark decision sets a precedent that could extend similar rights to other systems under the same logic.
Administrative Delay
NHIS, however, initially granted dependent status only to the plaintiffs, Soh and Kim, while delaying the broader application. Despite the Supreme Court’s ruling, NHIS was still deferring benefits to other same-sex couples as of September 26. According to The Kyunghyang Shinmun, Yoon, a same-sex partner, submitted an application for dependent status online but was rejected. NHIS stated, “We are currently reviewing the Supreme Court’s ruling regarding eligibility criteria and will inform applicants once a standard is set.” Critics argue that it is inappropriate for NHIS to apply different standards for same-sex and opposite-sex couples under the guise of needing “additional criteria” or “further review” after the Supreme Court has already ruled on eligibility for de facto partners.
Three months later, on October 4, Marriage for All Korea, a civic organization advocating for marriage equality, reported that NHIS had finally extended dependent status to four additional same-sex couples. Oh Seung-jae shared detailed instructions on the process in OhMyNews, which you can view in Korean [here].
On October 7, Rep. Park Joomin from the Democratic Party of Korea raised a question about the equal application of guidelines for same-sex de facto couples across social insurance systems, including the National Pension, during the Health and Welfare Committee’s national audit. In response, Minister Cho Kyoo Hong of the Ministry of Health and Welfare confirmed that, as social insurance programs, these should follow the same standards as the National Health Insurance.
The Marriage Equality Lawsuit Begins
The legal battle for the recognition of same-sex marriage, called the “Marriage Equality Lawsuit,” has also commenced. On October 10, Marriage for All Korea and Minbyun - Lawyers for a Democratic Society’s Public Interest & Human Rights Advocacy Center held a press conference to announce their intention to challenge the rejection of marriage registrations for same-sex couples. Local district offices currently accept marriage registrations from same-sex couples but refuse to process them, citing “current law” as a basis. This legal challenge argues that the interpretation of current laws allowing only opposite-sex marriages infringes upon the right to marry, the pursuit of happiness, and the right to equality, seeking a constitutional review of the relevant Civil Code clauses. Kim Yong-min and Soh Seong-wook, plaintiffs in the Supreme Court case on dependent status, are also participating. Kim shared at the press conference, “Living in South Korea, where our relationship cannot be legally protected, always leaves us feeling insecure. We joined this lawsuit hoping that marriage equality will soon be realized so that we can enjoy a peaceful life like any other couple.”
Additional Readings on Family Rights!
Read LGBT News Korea’s article on family rights for foreign same-sex couples: Will South Korea Recognize Foreign Same-Sex Marriages?
Read about the Marriage Equality Lawsuit plaintiff Kyu-jin Kim and his spouse on LGBT News Korea: Marriage, Family, and Community
English Translation: 피웊
Translation review: 지니
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)
1. 장형은(2024-07-19) 한겨례. 동성부부 건보 피부양 등록 가능하다..대법”인정 않는 건 차별” https://www.hani.co.kr/arti/society/society_general/1149648.html
2. 류민희(2024-09-01). 참여연대. [동향1] 동성 부부 건강보험 피부양자 자격인정 대법원 판결의 의미 https://www.peoplepower21.org/welfarenow/1974680
3. BBC (2024-07-18) https://www.bbc.com/korean/articles/cyx0pv44wygo
4. 박고은(2024-08-20) 한겨례, ‘동성부부 피부양 자격 인정’ 판결 한달…건보공단 “등록 미정”
5. 오동욱(2024.09.26) 경향신문, 건강보험공단, 대법원 판결에도 동성 부부 피부양 등록 접소 ‘반려' https://www.khan.co.kr/national/national-general/article/202409261151001
6. 모두의 결혼 (https://x.com/marriage_all_kr/status/1843567389184819611)
7.장형은, 정인선(2024-10-10) 한겨례. “사랑은 차별받아선 안 돼" … 동성부부 11쌍 ‘혼인평등소송' 제기
8. 오승재(24-10-04). 오마이뉴스. 동성 배우자 ‘건보' 피부양자 등록, 이대로만 하면 됩니다. https://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0003067829
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