Press Release

FOR IMMEDIATE RELEASE

Media inquiries: marriageforall.kr@gmail.com

“Denial of Same-Sex Marriage is Unconstitutional”
First Constitutional Petition for Marriage Equality Filed in South Korea

(Seoul, Feb 14, 2025) On February 14, 2025, a constitutional petition was filed challenging the unconstitutionality of South Korea’s Civil Code, which does not recognize same-sex marriage.

The petition was submitted by two same-sex couples—Jungnam Chun & Kyungsang Ryu and Eunjae Kim & Suhyun Choi—who previously filed a marriage equality lawsuit at the Seoul Northern District Court on October 10, 2024.

Originally, on October 10, 2024, 11 same-sex couples filed a marriage equality lawsuit in six courts nationwide (Seoul Family Court, Seoul Eastern District, Seoul Western District, Seoul Southern District, Seoul Northern District, and Incheon Family Court Bucheon Branch), arguing that the current civil law that excludes same-sex marriages without reasonable cause violates fundamental rights and is unconstitutional.

On January 13, 2025, the Seoul Northern District Court (Presiding Judge Park Hyung-soon) issued a decision to dismiss (1) the application for appeal against the decision not to issue a marriage license and (2) the application for review of unconstitutional laws.  The decision was made without reviewing the submitted evidence plan and without holding a hearing, in the cases of four plaintiffs before the court.

This constitutional petition is historic, marking the first constitutional case in South Korea to seek a ruling from the Constitutional Court of Korea on the unconstitutionality of excluding same-sex couples from marriage.

Court’s Dismissal Ignored the Reality of Same-Sex Couples’ Lives

Horim Yi, spokesperson for Marriage For All Korea

“We are deeply disappointed that the Seoul Northern District Court ruled that the current Civil Code does not violate same-sex couples’ constitutional rights to equality and freedom of marriage, without even considering the realities of the petitioners’ lives or the evolving meaning of marriage in today’s society,” said Horim Yi, spokesperson for Marriage For All Korea.

“We are also appalled that the court dismissed the case without a hearing, more than three months after the lawsuit was filed—denying the plaintiffs, who have risked their lives and fought for recognition, the basic right to be heard in court. We demand that the remaining cases of the nine same-sex couples pending in five other courts receive serious, substantive hearings and just rulings that respect their dignity.”

Ms. Yi also emphasized the crucial role of the Constitutional Court, stating:

“South Korea is at a pivotal moment where the role of the Constitutional Court is more important than ever. We trust that the Constitutional Court, as the guardian of the constitutional order and fundamental rights, will issue a ruling that upholds the values of equality and marriage freedom for same-sex couples and LGBTQ people.

That is why we are filing this constitutional petition—to confirm that the current Civil Code, which fails to recognize same-sex marriage, is unconstitutional.”

Attorney: ‘Marriage Equality is a Matter of Rights and Survival’

Sookhyun Cho, Lead Counsel for the Marriage Equality Lawsuit

“In 1997, the Constitutional Court struck down the ban on marriage between people of the same surname and family origin. In 2005, it ruled the patriarchal family registry system (hoju-je) unconstitutional.

Through these landmark rulings, the court rectified injustices and provided relief to those excluded from legal recognition. These decisions helped our society become more inclusive and equal.

“The legalization of same-sex marriage is not just an abstract legal principle or a moral cause—it is a real and urgent issue.

Without legal recognition, same-sex couples face life-altering consequences. If I were in a serious accident, my partner would have no legal authority to make medical decisions for me.

This is not a hypothetical fear—it is a harsh reality that same-sex couples face today.

This is a matter of survival, not something that can be postponed for ‘later.'”

Petitioner: ‘We Have Spent 24 Years Together, But the Law Still Doesn’t Recognize Us’

Jungnam Chun, Petitioner in the Marriage Equality Constitutional Challenge

“I met the love of my life at 31, and for the past 24 years, we have shared a life of love and care. We have grown together through our 30s, 40s, and 50s, and now, as we approach our 60s, we expect to grow old side by side. To our family, friends, and everyone who knows us, we are already recognized as a married couple.

Yet, simply because I am gay, I am denied the fundamental right to marry the person I love and build a family—a right that others take for granted. Time and again, we are forced to prove our relationship in situations where legal spouses are never questioned. And if the law remains unchanged, even in death, we will be denied the right to lay each other to rest.

This is why we are fighting for marriage equality—not just for ourselves, but for the dignity and recognition that all couples deserve.”

Women’s Rights Leader: ‘The Law Must Evolve with Society’

KIMMIN MOONJUNG, Co-Representative, KOREA WOMEN’S ASSOCIATIONS UNITED

“Laws and institutions exist to support human relationships and daily life, providing order and structure for people as they navigate reality. However, what once seemed natural and unquestionable can become outdated as social norms, lifestyles, and cultural perceptions evolve. When laws start to clash with the realities of people’s lives, it signals that change is overdue.

The right to love, form a family, and build a life with a partner of one’s choice is a fundamental aspect of the pursuit of happiness, and it is the state’s duty to protect and uphold that right. It cannot be denied simply because two people share the same gender. This fight is no different from the struggle to abolish the patriarchal family registry system (hoju-je), which the women’s movement successfully dismantled in pursuit of constitutional equality.

There is no rational reason to deny same-sex couples the same legal recognition and protection afforded to others. I stand in solidarity with the 11 same-sex couples, and many more beyond them, who are fighting for their fundamental rights to dignity, equality, and legal recognition in marriage and family life.”

Lawyers’ Association Head Criticizes Court Ruling, Calls on Constitutional Court to Uphold Marriage Equality

Boknam Yun, President of Lawyers for a Democratic Society (Minbyun)

“The court dismissed the case, stating that there is no justification to ‘dismantle the existing legal concept of marriage as recognized by the Constitution and the law’ to allow same-sex marriage. It further ruled that this does not constitute a violation of fundamental rights or arbitrary discrimination. It is deeply disappointing that the judiciary—meant to be the last safeguard of human rights—has instead contributed to discrimination against sexual minorities with a rigid and mechanical interpretation of the law.

Thirty years ago, the Constitutional Court acknowledged the structural discrimination embedded in the ban on same-surname marriages. Twenty years ago, it struck down the patriarchal family registry system (hoju-je). These landmark rulings, though gradual, helped our society take steps toward greater equality.

Now, the issue at hand is marriage equality. The Constitutional Court has a duty to correct the course of history and prevent the regression of human rights and democracy. Even when the world seems to be moving backward, we must stand firm and push forward.”

Amnesty International Korea Calls for Constitutional Court to Uphold Marriage Equality

Park Garam Jang, Campaign Director at Amnesty International Korea

“Ensuring that same-sex couples receive the same legal protection as different-sex couples, guaranteeing equal access to social security benefits, and establishing a policy framework that upholds equal human rights—these are obligations that international human rights bodies, including the UN Human Rights Committee (CCPR) and the Universal Periodic Review (UPR), have consistently urged governments and individual states to fulfill.

Now, South Korea’s Constitutional Court faces the critical responsibility of determining whether the denial of same-sex marriage constitutes discrimination based on gender, sexual orientation, and gender identity, and whether this is consistent with both the Korean Constitution and international human rights law.

For too long, the rights of sexual minorities and marriage equality have been dismissed as a matter of social consensus. The failure of the legislative and executive branches to uphold their duty to protect human rights has forced countless LGBTQ individuals to fight for their fundamental rights before the Constitutional Court. We urge the judiciary to take this reality seriously and recognize its duty to correct this injustice.”

Case History

• October 10, 2024: Eleven same-sex couples, including the four claimants, filed appeals challenging the rejection of their marriage registration applications and submitted petitions for a constitutional review of the law. The four claimants filed their cases with the Seoul Northern District Court.
• December 24, 2024: The four claimants and their legal representatives submitted a proof plan, detailing the evidence and its intended purpose, as part of their appeal against the rejection of their marriage registration.
• January 13, 2025: The Seoul Northern District Court (Presiding Judge Park Hyung-soon) dismissed the appeal against the marriage registration refusal without reviewing the submitted proof plan and rejected the request for a constitutional review without scheduling a hearing.
• January 22, 2025: The court’s decision was officially served.
• February 14, 2025: Within the statutory 30-day deadline, the four plaintiffs filed a constitutional complaint with the Constitutional Court of Korea to challenge the ruling.