Given the decision of a South Korean High Court ordering the National Health Insurance Service (NHIS) to return to cover the partner of the insured person in a same-sex relationshipBoram Jang, East Asia Researcher at Amnesty International, said:
“It is an important decision that brings Korea closer to achieving marriage equality. There is still a long way to go to end discrimination against the LGBTI community, but this ruling gives hope that it is possible to overcome prejudice.
By not recognizing the partner of the insured person, the NHIS was discriminating against same-sex relationships and denying basic rights that are respected in opposite-sex couples. Today’s ruling will allow this grievance to be rectified.
The importance of this ruling lies in the fact that it is the first time that a South Korean court, in any instance, legally recognizes same-sex couples, although much work remains to end discrimination and criminalization of the LGBTI community.
Among other things, a comprehensive anti-discrimination law should be adopted and article 92.6 of the Military Penal Law should be abolished.”
Additional information
Today, the South Korean High Court has ordered the National Health Insurance Service (NHIS) to reintroduce coverage to the same-sex partner of an insured person.
On January 7, 2022, the Seoul Administrative Court dismissed an administrative complaint filed by So Seong-wook against the NHIS for denial of health insurance coverage by failing to recognize her partner, Kim Yong-min, as her dependent. . Seong-wook appealed the decision to the High Court on January 21, 2022.
The couple held a wedding ceremony in 2019 and lives as a married couple, even though their relationship is not recognized under South Korean law. It was the first same-sex couple to have been able to register a “dependent” with health insurance; but, eight months later, the NHIS canceled this condition.
Taiwan was the first country in Asia to legalize same-sex marriage, in May 2019. Legislation recognizing same-sex marriage came into force this month in Slovenia and Andorra, bringing the number to 33. Total number of countries that already recognize it.