Bill aims to expand legal definition of family beyond marriage

Rep. Yong Hye-in of the Basic Income Party holds a press conference at the National Assembly in Seoul, Wednesday to announce the proposal of the Life Partnership Relations Act. Courtesy of Rep. Yong Hye-in's office

A progressive party has proposed a bill to extend legal rights and protections to adults living together outside traditional marriage or blood ties, as Korea moves toward recognizing more diverse family structures.

As Korea faces one of the world’s lowest birthrates and a rising number of single-person households, its modernizing society increasingly clashes with a legal framework that leaves nontraditional couples without basic protections that married couples take for granted, from inheritance rights to hospital visitation privileges.

The Life Partnership Relations Act, introduced by Rep. Yong Hye-in of the minor Basic Income Party, seeks to define a "life partnership" as a mutually agreed relationship between two adults who share a home and care for one another.

Unlike marriage, the partnership would not create legal ties to a partner’s family or relatives, making it a personal union between individuals rather than a family-based network.

“This country’s outdated family laws cannot reflect the reality of how people are living today,” Yong said during a press conference at the National Assembly. “We must expand the framework of family policy to guarantee dignity and rights to all types of families.”

Statistics show that more Koreans are forming households outside the bounds of traditional marriage.

More than 1.1 million people now live in households with friends, partners or companions. A 2020 survey by the Ministry of Gender Equality and Family found that nearly 70 percent of respondents believe those who share a home and livelihood should be considered family, regardless of marital or blood ties.

Under current laws, life partners often face barriers in daily life and during major life events. They cannot cosign housing contracts or loans, are excluded from many welfare and insurance benefits and lack legal standing in medical or emergency situations.

“Even in times of crisis, life partners cannot consent to emergency surgery or act as the chief mourner at a funeral,” Yong noted.

The proposed legislation includes revisions to 25 related laws, ranging from the Civil Act to social insurance regulations, so that life partners may access equal rights in areas such as public benefits, housing, parental leave and tax deductions.

The bill also allows foreign residents and marriage migrants to form life partnerships, a modification from an earlier version proposed in the 21st Assembly.

Minor progressive Justice Party lawmakers and civic activists hold a press conference at the National Assembly in Seoul, May 31, 2023. The group proposed a set of bills to include diverse forms of family under the law. Yonhap

The initiative has received support from nine lawmakers across progressive and minor parties. Advocacy groups, including Rainbow Action Against Sexual Minority Discrimination, welcomed the proposal, calling it “a first step in ensuring that diverse forms of care and companionship are reflected in Korean law.”

However, despite rising public support, pushback is expected, especially from conservatives advocating for narrower alternatives, such as civil unions limited to heterosexual couples.

Previous attempts have faced stiff resistance from conservative religious groups, who argue that recognizing nonmarital partnerships would undermine the traditional family system and encourage homosexuality.

Still, experts say momentum is building.

“Recognizing partnerships beyond marriage is essential in addressing Korea’s loneliness crisis, social caregiving gap and declining birthrate,” former Constitutional Court Justice Moon Hyeong-bae said recently.

Gender Equality Minister nominee Won Min-kyong signaled cautious support.

“We must carefully consider the realities of today’s families alongside international examples and the protection of basic rights,” she told reporters last month after her nomination, adding, “I will do my part to ensure that meaningful discussions on the Life Partnership Relations Act can move forward.”