South Korean court rules same-sex couples are eligible for health insurance
A South Korean high court ruled this past week that partners in a same-sex relationship are eligible for national health insurance coverage overturning a ruling last year by a lower court that denied the benefits.
The Korea Herald reported the Seoul High Court’s ruling is the first that recognizes the status of a same-sex partner as a dependent eligible for national health insurance, but noted that this did not mean that it recognizes the “legal status” of a same-sex marriage.
The lower court had ruled that “the union of a man and woman is still considered the fundamental element of marriage, according to civil law, precedents of the Supreme Court and the Constitutional Court and the general perception of society.” The lower court had also added: “Under the current legal system, it is difficult to evaluate the relationship between two people of the same sex as a common-law relationship.” The case was brought about by a lawsuit, filed last year by So Seong-wook, which challenged South Korea’s National Health Insurance Service after it took away his ability to receive spousal benefits from the employer of his partner Kim Yong-min.
According to the Korea Herald, the NHIS allowed Kim to register So as his dependent in early 2020 — later reversing the decision citing their same-sex marriage.
