[Press Conference] Supreme Court to decide if it is legal to exclude a same-sex couple from national health insurance’s dependent status on Thursday

2024-07-15

Date: Thursday, July 18, 2024
Ruling time: 2 pm (KST)
* A press conference will be held in front of the Supreme Court after the ruling
Location: In front of the Supreme Court, Seoul, Republic of Korea (Map)
Press Conference Agenda:
– Plaintiff’s attorney’s remarks
– Plaintiff couple’s remarks
– NGO’s remarks
– End of the event

A same-sex couple, Kim Yong-min and So Seong-wook, acquired dependent status under the National Health Insurance Service’s employee coverage in February 2019. However, after media reports, the National Health Insurance Service canceled So Seong-wook’s dependent status in October 2020 and imposed a new insurance premium in November 2020. The couple filed a lawsuit against the National Health Insurance Service on February 18, 2021. On February 21, 2023, the Seoul Administrative Court recognized spousal national health insurance coverage for same-sex couples, overturning a lower court ruling that said the union could not be considered a de facto couple. However, the National Health Insurance Service appealed to the Supreme Court. After three-and-a-half years of litigation, the Supreme Court will decide on the legality of excluding a same-sex couple from national health insurance’s dependent status on Thursday.
(Case number: Supreme Court 2023 Du 36800 Ruling Date: July 18, 2024. 2:00 pm.)

In the National Health Insurance system, dependent status is recognized not only for legal spouses but also for common-law spouses, with only the acquaintance’s guarantee document required as an explanatory document. The policy aims to protect individuals through the social security system by designating them as dependents if they have a relationship of mutual care and support as a de facto couple, regardless of legal marriage. Historically, this consideration was extended to couples who could not register their marriage due to the ban on same-surname-same-origin marriages.

For the past three and a half years, the Kim and So couple have been engaged in a lawsuit to be recognized as dependents under the National Health Insurance, one of the various rights that should be equally enjoyed by spouses. As Taiwan, Nepal, Thailand, and even neighboring Japan move towards realizing marriage equality, we hope that the Supreme Court will deliver a just ruling for the equal rights of same-sex couples, and we are eagerly awaiting the verdict.
Given the significance of this case for many same-sex couples living in Korea, we are holding a press conference to discuss the ruling results. We welcome all the media members to attend.

Media inquiries:
Email: marriageforall.kr@gmail.com
Contact: Horim Yi