The Supreme Court of South Korea has issued a notable ruling in favor of a same-sex couple regarding their recognition under the national health insurance system. The ruling, handed down on Thursday, addressed the case in which the plaintiff’s same-sex partner had submitted a notification about the plaintiff’s eligibility for dependent status in the National Health Insurance system back in 2016. This submission included a personal guarantor’s certificate affirming their marital relationship as same-sex partners, which led to initial acceptance by the defendant’s employee. However, the defendant later revoked the plaintiff’s dependent status, citing a “failure to meet dependent recognition requirements.”
This landmark decision hinges on Article 11 of the Constitution of the Republic of Korea, which guarantees that all citizens are equal before the law and prohibits discrimination based on sex, religion, or social status. Moreover, Article 9 of the Framework Act on Administrative Regulations stipulates that administrative agencies shall not discriminate without reasonable cause.
The Court found no justification for treating same-sex partners differently from those in de facto marital relationships. The ruling emphasized that recognizing same-sex partners as dependents does not undermine traditional marriage or familial systems, nor does it threaten legal stability or the rights of third parties. The judgment also indicated that such recognition would neither lead to an unreasonable increase in the number of dependents nor significantly impact the financial integrity of the National Health Insurance. Furthermore, it stated that the dependent system should adapt to diverse family structures and living situations.
The defendant’s refusal to recognize the plaintiff in this context was viewed as unjust discrimination without reasonable cause, thereby violating the constitutional principle of equality. As a result, the South Korean Supreme Court dismissed the defendant’s appeal. This decision marks a significant shift in legal protections for LGBTQI+ citizens in South Korea.
More details on the ruling can be found in the Court’s publicly available documents here, and the original news article is available here.