On Tuesday, a South Korean court made history by recognizing for the first time the rights of a same-sex couple. Advocates for LGBTQ rights in the nation hailed the decision as a significant triumph.
In the case that the Supreme Court will now hear, So Seong-work and Kim Yong-min, a gay couple who live together and recently were married, filed the lawsuit.
But, because South Korea does not recognize same-sex marriage, it has no legal standing.
So Seong filed a lawsuit against the National Health Insurance Service in 2021 when it denied him benefits for his partner, whom he had identified as a dependent, after learning they were gay.
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A lower court had previously decided in favour of the NHIS. Still, on Tuesday, in a remarkable reversal, the High Court in Seoul overruled that ruling and ordered the insurance company to continue providing benefits to So's partner as a dependant.
"We are thrilled. Not only is it a win for us, but it's also a win for a lot of same-sex couples and LGBTQ families in Korea "Afterwards, the pair reportedly remarked, according to their attorney Park Han-hee.
According to a copy of the judgment that Park gave AFP, the court determined that the NHIS did not offer "substantiating rational reasons" for treating same-sex partnerships differently from common-law marriages.
Common-law partners are eligible for spousal coverage benefits under the NHIS.
Being a minority, according to the ruling, means that you are different from the majority, not that you are right or wrong.
They agree that discriminatory behaviour breaches the equality principle in this instance.
According to AFP, the NHIS will appeal.
According to Jang Boram of Amnesty International, "This verdict is noteworthy as the first legal recognition of same-sex couples to be made by a court at any level in South Korea."
Although South Korea still has a "far way to go to abolish discrimination," this decision gives people a reason for optimism.
Gay relationships are not against the law in the country, even though same-sex weddings are not recognized.
Legislation prohibiting discrimination based on sexual orientation has long been a priority for activists.
Due to a lack of agreement among MPs, a hotly debated anti-discrimination measure has been sitting in the South Korean parliament for years.
