In a landmark ruling South Korean court recognizes same sex rights for the first time...

A leap towards LGBTQ rights says activists...


On Tuesday the Seoul High court the state's health insurer must provide spousal coverage to a same-sex couple, marking the first legal recognition of same-sex union in South Korea, according to lawyers and advocates. Activists say the ruling is a leap forward for LGBT rights in the country.

 

The decision overturned a lower court decision that a same-sex dependent was ineligible for benefits provided by the National Health Insurance Service (NHIS) to other common law couples. According to Ryu Min-hee, a lawyer for the plaintiff couple, the High Court's decision was the "first recognition of the legal status of a same-sex couple."

 

The couple, So Sung-wook and Kim Yong-min, said in a statement: "We are delighted. It is not only our victory but also a victory for many same-sex couples and LGBTQ families in Korea."

 

After being denied spousal benefits, the plaintiff, So Sung-wook, filed a lawsuit against the National Health Insurance Service in 2021, but a lower court ruled in favour of the insurer on the grounds that a same-sex union could not be considered a common law marriage under current law.

 

The Seoul High Court reversed a lower court's decision. It discovered that spousal coverage under the NHIS extended to individuals other than families as defined by law. It also determined that denying such benefits to same-sex couples constituted discrimination.

 

Amnesty International issued a statement following the court ruling on Tuesday, saying, "There is still a long way to go to end discrimination against the LGBTI community, but this ruling offers hope that prejudice can be overcome."

 

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