Historic win for gay couple in South Korea's top court on health insurance benefits

Historic win for gay couple in South Korea’s top court on health insurance benefits | Insurance Business Asia

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Historic win for gay couple in South Korea’s top court on health insurance benefits

This follows a survey indicating a strong support for same-sex unions

Insurance News

By
Jonalyn Cueto

In a landmark decision, South Korea’s Supreme Court ruled in favor of a gay couple seeking spousal coverage for national health insurance benefits. The ruling, issued Thursday, has acknowledged same-sex couples as eligible dependents for coverage by the public health insurer, marking a significant step toward marriage equality in the country.

Chief Justice Jo Hee-de emphasized that denying same-sex couples such benefits because of gender constitutes discrimination based on sexual orientation.

“It is an act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy and the right to equality before the law, and the degree of violation is serious,” Jo said.

According to a Bloomberg report, the decision is a first for South Korea in terms of recognizing same-sex relationships within the health care system. However, it has also been described as a narrow ruling that provides legal status only within the health insurance framework, without granting full legal recognition to same-sex marriages.

The plaintiffs, Kim Yong-min and So Seong-wook, filed the suit against the National Health Insurance Service (NHIS) in 2021 after their spousal benefits were revoked following media reports on their same-sex union. The couple argued that the NHIS’s actions constituted discrimination, given that the agency’s regulations allow for spousal status to be granted to common-law partners.

Despite the country’s legal definition of marriage as a union between heterosexual couples, the Supreme Court’s decision sets a precedent for the inclusion of same-sex couples in certain legal frameworks.

Public opinion in South Korea remains divided on the issue of same-sex marriage. A Pew Research survey from November indicated that support for same-sex unions stands at 41% in South Korea, ranking ninth among 12 surveyed countries and regions in Asia. Japan showed the highest support at 68%, while Indonesia had the lowest at 5%.

This ruling may influence future legal interpretations and societal attitudes towards same-sex marriages in South Korea. However, significant progress is still required before full legal recognition of same-sex marriages is achieved.

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