Press Release

FOR IMMEDIATE RELEASE

Media inquiries: marriageforall.kr@gmail.com

Love Wins! A huge step forward to marriage equality 

: The Supreme Court of Korea Recognized National Health Insurance Dependent Status of Same-sex Spouse 

(Seoul, July 18, 2024) – On July 18, 2024, at 2:30 PM, the Supreme Court of Korea dismissed the National Health Insurance Service’s (NHIS) appeal in the case filed by a same-sex couple, Mr. Kim Yong-min and Mr. So Sung-uk, challenging the NHIS’s decision to revoke Mr. So’s status as a dependent under Mr. Kim’s employer-provided health insurance plan. The Supreme Court’s en banc decision upholds the lower court’s ruling.

Statement of Marriage For All Korea on the current ruling 

The recent decision by the Supreme Court’s en banc panel is a landmark ruling that, for the first time, recognizes the legal status of a same-sex spouse as a dependent under health insurance. This decision brings hope to other same-sex couples living in Korean society and is a huge milestone toward marriage equality and equal citizenship for LGBTQ people. However, same-sex couples who are not legally recognized in their marriage still experience various forms of discrimination. The lengthy and arduous lawsuits that same-sex couples must endure to gain single rights as a spouse, as seen in this case, should no longer be necessary. Fundamentally, we will continue to push for a broader marriage equality movement to eliminate all institutional discrimination that hinders same-sex couples from legally marrying and fully enjoying their rights as spouses, and for LGBTQ people in Korea to enjoy equal citizenship. We ask for your media outlet’s continued interest and coverage of the marriage equality movement.

Brief Summary of the Ruling

• By a unanimous decision of 13 justices, the Supreme Court of Korea ruled that it was unlawful for the NHIS to retroactively impose health insurance premiums on plaintiff So Sung-uk without prior notice. 
• Furthermore, the majority opinion of nine justices held that the NHIS treated the two groups differently by not recognizing the dependent status of same-sex partners as opposed to those in de facto heterosexual marriages, and that such treatment was unlawful because it discriminated against those in de facto marriages without reasonable reasons and violated the principle of constitutional equality. 
• In conclusion, the Supreme Court of Korea dismissed the defendant’s appeal and confirmed the plaintiff’s victory. 
• The Supreme Court’s judgment, particularly the substantive defect, concluded that excluding same-sex partners as dependents solely because they are the same sex is a discriminatory act that violates human dignity, the right to happiness, freedom of privacy, and the right to equality by not recognizing the relationship between two people living and supporting each other beyond economic disadvantage. 
• While this case was decided in light of the purpose and objectives of the National Health Insurance System, health insurance is not the only disadvantage that same-sex couples face when caring for each other and living together, and the Supreme Court’s ruling is a reminder of the state’s responsibility to address discrimination against same-sex couples in all aspects of life, including pensions, housing, and healthcare. 

Case History

• Plaintiff So Sung-uk and his partner Kim Yong-min are a couple who have lived together since 2017 and had a wedding ceremony in 2019. 
• In February 2020, the couple inquired whether they could obtain a dependent status as a same-sex couple. South Korea’s national health insurance program has two kinds of schemes, an employer one and a non-employer one, and employees can have their spouse or family member under their coverage as a dependent. The program includes de facto couples as well as legally married couples.
• The NHIS replied that Sung-uk is eligible for a dependent status through Yong-min. Yong-min applied for his partner’s dependent status through his employer, and Sung-uk obtained the dependent status on February 26, 2020.
• The couple shared the story with the public through a media report on October 10, 2020. NHIS immediately deleted Sung-wook’s dependent status.
• And the agency imposed a new premium for Sung-uk on November 23, 2020.
• So Sung-wook filed a lawsuit against the NHIS on February 18, 2021, over a canceled dependent status. Kim said, “We enjoyed one of our rights as a couple for eight months. However, after the media report, the NHIS suddenly took away our rights. This lawsuit is to reclaim our lost rights”.
• On January 7, 2022, the Seoul Administrative Court ruled against the plaintiff on the grounds that same-sex couples cannot be recognized as de facto couples under the law, and the plaintiff immediately appealed.
• On February 21, 2023, the Seoul High Court ruled in favor of the plaintiff that treating opposite-sex couples and same-sex couples in a de facto marriage relationship differently is sexual orientation discrimination.
• After the Seoul High Court ruling, the NHIS appealed to the Supreme Court. 
• The Supreme Court has been deliberating on this case as a full bench.
• On July 18, 2024, The Supreme Court’s full bench upheld the original ruling from the Seoul High Court that a same-sex partner was eligible for spousal benefits from state health insurance.

Plaintiff So Sung-uk and his partner Kim Yong-min

“I’m So Sung-uk, husband of Kim Yong-min. After we won the appeal early last year, we talked about how love would win again, and today, love has won again, and I would like to thank, applaud, and greet everyone for this victory. Throughout the three and a half years of our case, we have been asked to prove over and over again that we are each other’s family and spouses, and we have had to face denial after denial from the NHIS, but today we are sharing with you the public recognition of our relationship as a caring, committed, and dependent couple. Now that we have gained one of the many things that we can have as a couple and as a family, I believe that the next step is to use the marriage system as equals and have all the rights as spouses. I hope that we can rejoice enough today, share tears of joy and smiles, cheer and applaud each other, and our society will be closer to equality. I propose that we continue to dream together here in our society and make that dream a reality together. Let’s turn today’s victory into marriage equality. Thank you.”

“Hello. I am Kim Yong-min, husband of So Sung-uk. When my husband Sung-uk was first registered as my dependent, I remember back to the time when he was registered as my family member and spouse on the NHIS website. I was overjoyed. I was just happy that our relationship was officially recognized for the first time. I remember taking screenshots of our God or homepage and showing them off to everyone I knew. It’s been over four years since then, and we’ve moved twice, shared countless lives, and built new memories. And today, after a long wait, we’re celebrating once again. For today, I want to just bask in this joy without thinking about anything else. Our love has won. To quote the lyrics of the song, Toast to the Moonlight Fairy, a walk-off home run. Let’s toast, to today, to tomorrow, and to our love, let’s toast together! Thank you.” 

Attorney Su-yeon Chang (Legal Team) 

“Today’s Supreme Court ruling is a big step forward for the many same-sex couples and LGBT people living in South Korea. It is an important stepping stone for the future as it is the first time that the Supreme Court, the highest court in South Korea, has recognized the legal status of same-sex couples in a relationship. 

Until now, same-sex couples have not had any rights or obligations due to a lack of legalization. The Supreme Court clarified that same-sex couples are essentially the same group as heterosexual couples, with the only difference being their sexual orientation, as long as they have the intention to marry and exist as an emotional and economic community of life. The court ruled that discriminating based on sexual orientation is not a rational reason and violates the principle of equality.

Although the case concerned a health insurance dependent system, the court recognized that heterosexual and same-sex couples are essentially the same under the common-law marriage standard, so other systems that exclude same-sex relationships can also be said to have no rational reason to justify their discrimination. 

It took the plaintiff couple four years to reach the Supreme Court. It is not a state of justice when individual parties have to obtain rights one by one through lengthy litigation. In the spirit of today’s Supreme Court ruling, we call on the government and the national assembly to act now to eliminate all institutional discrimination against same-sex couples. Thirty-nine countries around the world and Asia have already legalized same-sex marriage, including Taiwan, Nepal, and Thailand. It is time for South Korea to follow suit, eliminating discrimination based on sexual orientation and gender identity in all areas of public law and institutionally guaranteeing same-sex couples the right to marry the person they love and build a family. Welcomes the Supreme Court’s decision as a reminder of the spirit of equality as defined by the Korean Constitution.”

Ye-Jung Jang (Executive Director, South Korean Coalition for Anti-discrimination Legislation)

“Same-sex couples are already living as citizens in this society: they go to school, they work, they pay taxes, and they love. Their lives are no different than the lives of non-LGBTQ citizens – it’s just that the laws and institutions don’t recognize them.

Isn’t it strange how some things are just given to us and we don’t have to fight for them, while others have to fight for over four years to get them?

It’s time for our society to step up to the plate and make marriage equality a reality. We’ve heard it over and over again that the anti-discrimination law will eventually lead to the legalization of same-sex marriage, and now it seems like we’re in for a real race to see which bill will cross the threshold of the National Assembly first. 

So Sung-uk and Kim Yong-min, the courage of these two men, who went through a lot of heartache during the litigation, made it possible for this historic ruling to be announced to the world today. To the lawyers and allies in the LGBTQ movement, we are moving forward in a big way because of your hard work. Thank you and congratulations from the bottom of our hearts. We will continue to fight for a world without discrimination and equality. Fight.”

Lena (Activist, Korean Women Workers Association)

“Love has prevailed. Today’s ruling by the Supreme Court is a ray of hope for same-sex couples living in South Korea, and we hope that it will help many more couples, including our comrades who fought a long battle, to live a life of security in the system.

This is the first step in changing the history of systemic discrimination against same-sex couples in South Korea. Many of our welfare systems are organized around the heterosexual family. This is the reason why the plaintiffs’ first judgment was rejected, as the court did not consider same-sex and heterosexual unions to be inherently the same, as common-law marriage is only allowed between heterosexuals. The Supreme Court’s affirmative ruling is an acknowledgment that Korean society’s system, which is organized around the heterosexual family, has already run out of time.

All social security systems in South Korea are based on the family system. Under a system organized around the so-called heterosexual normal family unit, those who do not have legal family recognition are left in a huge blind spot. They are left in the middle of a downpour without any umbrella. The Korean Women’s Workers’ Association is calling for all social security systems to be organized at the individual level, not the family level, so that the state can take back the primary responsibility of providing for the family. This requires legal recognition of the many different families that exist. Recognition of same-sex couples is one form of diverse families. As diverse families that have been discriminated against and excluded become visible and recognized, paradoxically, all state institutions can be reorganized based on individuals rather than families.

Today, we have won an important ruling that discrimination based on sexual orientation should no longer occur in the Korean social security system. Life is safer and more sustainable when it is accompanied by the necessary rights to live life. We all want to live lives that are tightly intertwined and bound together by our legal rights, not lives where individuals are searching and seeking breakthroughs. We have every reason to have this desire. In the wake of this ruling, it’s time for our society to respond and move to ensure that same-sex couples have equal rights, not individualized rights.