South Korean Court Recognizes Rights Of Same-Sex Couples

(CTN NEWS) – SEOUL – A South Korean court has made history by recognizing same-sex couples’ rights for the first time. Advocates for LGBTQ equality in the nation are praising the decision.

So Seong-wook and Kim Yong-min, a lesbian couple, filed the lawsuit, which was decided on Tuesday and will now be appealed to the Supreme Court.

So had filed a lawsuit against South Korea’s National Health Insurance Service (NHIS) in 2021 when the organization denied benefits to Kim, his registered dependent, after learning they were a gay couple.

Even though So and Kim lived together and had a wedding ceremony in 2019, their union was not legally recognized because South Korea does not permit same-sex unions.

According to Ryu Minhee, a legal team member that had defended the plaintiff, the Seoul High Court’s decision marks the “first acknowledgment of the legal status of a same-sex relationship.”

Same-sex Marriage Rights: A Huge Turnabout

The Supreme Court in Seoul reversed a lower court’s ruling last year that favored the NHIS, ordering the insurance company to continue providing benefits to So’s partner as a dependant. This is a huge turnabout.

After the decision, So’s partner Kim reportedly exclaimed, “Now, we have our rights recognized within the legal system.” This is according to the Yonhap News Agency.

“This is a win for everyone who wants equality for same-sex relationships,”

A thorough justification did not support the court’s decision. The NHIS announced it will appeal to the AFP news agency.

According to South Korea’s Yonhap News Agency, the court admitted that the country’s present common-law marriage regulations made it challenging to recognize same-sex unions.

The court stated, as reported by Yonhap, “But those in same-sex marriage are fundamentally identical to those in a common-law marriage, except that they are homosexual, given that they create the highly identical union based on emotional and economic demands as well as duties to support and be true to each.”

Gay Relationships Common In South Korea

According to Yonhap, the court stated that eliminating spousal insurance coverage “constitutes discrimination based on sexual orientation and goes against the purpose of the state health insurance benefits.”

The court said, “It should be taken into account that the idea of living communities becomes different from the past in accordance with changing times and circumstances.

According to Yonhap, the court added, “Being a member of a minority group means being different from the majority, but not anything erroneous or wrong in itself.”

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Boram Jang of Amnesty International said that although South Korea still has a “far way to go to abolish discrimination,” this verdict “offers optimism that prejudice may be overcome.”

This judgment is significant because it is the first one that a court in South Korea has made that recognizes same-sex relationships legally, according to Jang.

Gay relationships are not against the law in South Korea, even though same-sex marriages are not recognized. The lives of LGBTQ persons are frequently hidden from view.

A much-discussed anti-discrimination measure has been stalled in the South Korean parliament for years due to a lack of agreement among lawmakers, even though activists have long emphasized the necessity for legislation against discrimination based on sexual orientation.

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