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| So Seong-wook, third from left, and Kim Yong-min, on his right, plaintiffs of a lawsuit against the National Health Insurance Service calling for equal benefits to same-sex couples, celebrate after the Seoul High Court ruled in favor of the gay couple, Tuesday. Yonhap |
LGBTQ community welcomes landmark ruling granting health insurance benefits to same-sex couple
By Lee Hyo-jin
An appeals court ruled in favor of a gay couple calling for equal health insurance coverage for same-sex couples, Tuesday, overturning a lower court's decision that sided with the National Health Insurance Service (NHIS).
The landmark ruling by the Seoul High Court ordered the NHIS to cancel its decision made in 2020 to withdraw a gay man's eligibility to receive spousal health insurance benefits under the employer of his longtime partner.
Although the court did not recognize the same-sex couple as common-law partners, it viewed that the NHIS' decision was discriminatory, considering that the state health insurance program has been giving spousal benefits to heterosexual civil marriage couples.
In February 2020, Kim Yong-min, 33, was able to register his partner, So Seong-wook, 32, as his dependent in the public health insurance system. It was the first known case of a same-sex couple doing so. The couple held a wedding ceremony in 2019, although their relationship is not recognized under Korean law.
However, after finding out that the two were a same-sex couple, the NHIS reversed its decision saying that there had been an "administrative error." So filed an administrative lawsuit against the NHIS in January 2021, demanding it to rectify the decision.
In November 2021, the Seoul Administrative Court ruled against the plaintiff, saying, "Based on existing civil laws, the union of a man and a woman is understood as the fundamental element of marriage and there are no legal grounds to expand that definition to same-sex couples."
The appellate court, however, examined the issue based on the principle of equality before the law. During a hearing held in November 2021, it requested the NHIS to explain the difference between a couple in a civil marriage and a same-sex couple in regards to the Health Insurance Act.
Considering that the NHIS has been allowing civil marriage couples to sign up as each other's dependents, exempting same-sex couples from the system can be viewed as discrimination based on sexual orientation, the court said.
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| A civic activist holds a rainbow flag in front of Seoul City Hall during a press conference held by LGBTQ activists on March 8, 2021, calling for the eradication of discrimination against sexual minorities. Korea Times photo by Shim Hyun-chul |
'Love conquers all'
Tuesday's ruling was groundbreaking for the LGBTQ community in Korea, where sexual minorities still face significant challenges in pursuing equal rights. More than a dozen gay rights supporters showed up at the court, holding rainbow flags and placards reading "love," "equality," "family" and "happiness."
"Today's ruling showed that love conquers discrimination and hatred," So said during a press conference held shortly after the ruling. "I feel happy that the struggles and discrimination faced by many sexual minorities in Korea have become visible through the ruling. We are taking small steps towards equality."
Shedding tears of joy, Kim said, "Our rights have been finally recognized in the legal system."
"The court must have taken into account that same-sex couples are not fundamentally different from heterosexual couples and thus excluding them from state benefits is unconstitutional," commented Park Han-hee, So's legal representative.
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