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On Thursday (18), South Korea’s Supreme Court ruled that same-sex couples are entitled to spousal coverage in the public health system, marking a significant legal recognition of same-sex unions in the country. The information comes from Folha de S.Paulo.
The case in 2023 was the basis for the decision
The decision affirmed the Seoul High Court’s understanding, which in 2023 overturned a previous unfavorable ruling against the couple So Sung-wook and Kim Yong-min, determining that the National Health Insurance Service should provide spousal coverage. In 2021, So sued the Service after his partner’s benefits were suspended upon discovering that the couple was made up of two men.
Initially, a lower court ruled in favor of the public agency, stating that the union could not be considered a marriage under the current law. However, the Seoul High Court overturned this decision, and now the Supreme Court has confirmed this position, ensuring coverage for the couple.
The decision was celebrated by LGBTQIA+ activists as a historic step that could pave the way for the legalization of same-sex marriage in South Korea. “I couldn’t believe it when I heard the decision. I was extremely happy and started to cry “, said Kim Yong-min to Reuters, highlighting that it took four years to achieve this recognition.
According to information from Folha, the Chief Justice of the Supreme Court, Jo Hee-de, stated that denying benefits to the couple constituted discrimination based on sexual orientation. He emphasized that such discrimination violates human dignity and value, the right to pursue happiness, privacy rights, and the right to equality before the law.
South Korea still does not recognize same-sex unions
Although South Korea still does not legally recognize same-sex marriage, the Supreme Court decision is seen as a milestone that could lead to changes in the future. According to Folha, activists and lawyers view the decision as a “springboard for progress” towards marriage equality.
The lawyer who represented the couple, Chang Suh-yeon, stated that the legal recognition of same-sex couples in the public system could make “their existence more visible“, Despite resistance, such as protests from conservative Christian groups outside the court, the decision was seen as a significant victory. “It will be a very hopeful decision for same-sex couples living in South Korea“, said Horim Yi, an activist from the group Marriage For All.
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