The couple who changed it all
The battle preceding this historic decision began a year after So Seong-wook and Kim Yong-min held a wedding to publicly declare their relationship in 2019. In 2020, the state’s health insurance agency processed Kim's request to list So as his dependent, in which he simply stated that since the agency provides spousal benefits to heterosexual couples in de facto marriage, he felt the same should apply to his union.
The court though, did not agree, at least initially.
When the couple was denied health coverage, So sued over the decision in 2021. A year later the Administrative Court ruled in favor of the insurance agency, unfortunately holding with South Korea’s same-sex marriage policies and views.
But in February 2023, the High Court overturned the earlier verdict. Denying So’s spousal coverage rights without reasonable grounds was ruled discriminatory, the court said, especially when considering that same benefits are given to heterosexual spouses.
Just last week the court ruled that South Korea’s top court ruling is final and cannot be appealed.
The future for LGBTQ couples in South Korea and beyond
Amnesty International, which weighed in via their South Korea: Amicus curiae brief, released a statement that read, in part: "Today’s ruling is a historic victory for equality and human rights in South Korea... The court has taken a significant step towards dismantling systemic discrimination and ensuring inclusivity for all."
