Court recognizes same-sex partners as legal dependents

Social Affairs

Published: 21 Feb. 2023, 18:13

Court recognizes same-sex partners as legal dependents

So Sung-wook and Kim Yong-min celebrate the ruling of the Seoul High Court on Tuesday that recognized So as a legal dependent of Kim in a health insurance scheme. The couple and civic groups held a press conference in front of the court in Seocho District, southern Seoul, on Tuesday. [YONHAP]

A Korean court on Tuesday ruled that the state insurance company must recognize a partner in a same-sex relationship as a legal dependent but fell short of recognizing common-law marriages between same-sex couples.

In its ruling, Seoul High Court said the couple in question "were in essentially the same life community as a common-law marriage, except for the fact that they are of the same sex."

The court added that the defendant, the National Health Insurance Service (NHIS), was behaving in a "discriminatory" manner by recognizing a common-law spouse of opposite sex as a legal dependent but refusing to do the same for partners in a same-sex relationship.

The Seoul High Court was ruling on the case of So Sung-wook, who sued the NHIS for refusing to recognize him as a legal dependent of his same-sex partner Kim Yong-min.

The couple welcomed the ruling.

“Our place in the judicial system is finally recognized,” Kim told the press after the ruling. “It is a victory for all who wish for an equal society for same-sex couples.”

So and Kim began living together in 2017 and held a wedding ceremony in 2019.

As same-sex marriage is not legally recognized in Korea, the couple registered themselves as common-law partners at the NHIS the next year. They registered So as a legal dependent of Kim.

A dependent can receive insurance benefits such as a coverage for hospital expenses through their spouse's health insurance.

The registration went through, as the NHIS recognizes legal dependency for common-law partners in Korea.

However, when the media reported on the registration in October 2020, the NHIS revoked the registration and told the couple that So could not be registered as a legal dependent of Kim since same-sex couples are not legally recognized in Korea.

So sued the NHIS in February 2021.

“Wouldn’t it be strange that the NHIS is telling us, who are so happy and well, that we are not family members?” the couple said in their statement at the time. “The core values and purpose of the National Health Insurance Service and the National Health Insurance System are to make the lives of the people better. The lives of same-sex couples like us should also be institutionally protected.”

The Seoul Administrative Court ruled in favor of the NHIS in January 2022, stating that same-sex partners “are not common-law partners.”

“When we look at the civil law, the precedents in the Supreme Court and the Constitutional Court, and the general perception of our society, marriage is still considered a union between a man and a woman,” the court had said in its ruling.

The Seoul High Court’s ruling on Tuesday, coming after So filed an appeal, overturned the first ruling, but still did not recognize same-sex relationships as common-law marriages, with the court arguing that current laws continue to recognize common-law marriages only between partners of the opposite sex.

So and Kim's case was highlighted by Human Rights Watch last year, which said that "discrimination against lesbian, gay, bisexual, and transgender (LGBT) people in employment, housing, and other domains is widespread" in the country.

The public debate on legalization of same-sex marriage has been ongoing for years in Korea. According to Gallup Korea, public opposition to legalizing same-sex marriage dropped from 67 percent in 2001 to 52 percent in 2021, while support for legalization rose from 17 percent in 2001 to 38 percent in 2021.

BY ESTHER CHUNG [chung.juhee@joongang.co.kr]