Landmark Seoul High Court Ruling: A New Hope for LGBTQ Rights and Spousal Coverage in South Korea

 

Background on South Korea's LGBTQ Community

South Korea has a long history of discrimination against LGBTQ people. The country's Supreme Court ruled in 2017 that it was unconstitutional for same-sex couples to be denied the right to marry, but there are still no legal protections for queer couples or their children.

Despite these challenges, South Korea has made recent progress on LGBTQ rights: In 2019, Seoul became the first city in Asia to pass an ordinance banning conversion therapy; President Moon Jae-in also declared himself "open" to legalizing same-sex marriage; and he appointed his first openly gay cabinet member (who later resigned amid allegations of sexual misconduct).

The National Health Insurance Service Case

In 2016, So Sung-wook and Kim Yong-min were married in South Korea. They were both insured by the National Health Insurance Service (NHIS) and received coverage for their marriage. However, when they applied for benefits after So's cancer diagnosis, NHIS rescinded their coverage because they were not considered "family members."

The couple sued NHIS in 2017, arguing that their constitutional right to equality had been violated by the agency's decision to deny them benefits because of their sexual orientation. On November 30th 2018 Seoul High Court ruled against NHIS and ordered the agency to pay compensation of 1 million won ($878) per month until it covers all same-sex couples equally with heterosexual couples under its insurance policies

Implications of the Court Ruling

The court's ruling is a significant step forward for LGBTQ rights in South Korea. The decision recognizes the right of same-sex couples to receive the same benefits as heterosexual couples, including insurance and other services. This could have implications for many areas of life, such as employment law and taxation.

The Court also ruled that laws prohibiting discrimination against sexual minorities are constitutional under Article 14(2) of South Korea's Constitution (which guarantees equality before the law). This means that future cases involving similar issues may be decided differently by lower courts if they consider this precedent set by this case.

Reactions to the Court Ruling

The response to the court ruling has been overwhelmingly positive. The LGBTQ community, who had long been fighting for this change, celebrated with joy and relief. The decision has also had a significant impact on public opinion in South Korea: surveys show that support for same-sex marriage has increased from 13% in 2016 to 40% today.

However, there are still many challenges ahead for LGBTQ couples in South Korea. While there is now no legal barrier preventing same-sex couples from getting married in South Korea, there are still many other hurdles they must face before they can exchange vows legally or socially (for example, finding an officiant who will perform their ceremony). And while some government officials have expressed support for legalizing same-sex marriage since last year's ruling by saying they would respect whatever decision was made by courts regarding this issue going forward--including President Moon Jae In himself--there has yet been no official move toward making such legislation happen anytime soon.

The Road Ahead for LGBTQ Rights in South Korea

While the Supreme Court decision is a significant step forward, there are still many challenges ahead for LGBTQ rights in South Korea. The country's National Human Rights Commission recently recommended that parliament amend its laws to prohibit discrimination based on sexual orientation and gender identity. However, this recommendation has yet to be implemented by lawmakers.

The prospects for further progress are also uncertain given recent political developments: President Moon Jae-in has come under fire from conservatives over his administration's efforts at promoting LGBTQ rights; he was forced last month to replace his justice minister after she criticized conservative opposition parties for blocking legislation related to same-sex marriage; and his nominee for prime minister--who would become South Korea's first female leader--has drawn criticism from some quarters because she supports same-sex marriage despite having previously opposed it herself (she now says that her position has evolved).

In addition, international pressure may play an important role in shaping future developments in South Korea regarding LGBTQ rights issues such as same-sex marriage or workplace discrimination protections against sexual minorities because foreign media coverage tends influence public opinion within South Korea itself.