South Korea: A court in South Korea has recognised the legal status of a gay partner for the first time, ruling that same-sex couples are entitled to the same spousal coverage under the national health insurance service as heterosexual couples.

An earlier decision by a lower court in January 2022 dismissed a gay couple’s case after one spouse was informed that he had to make the Seoul High Court overturn separate health insurance payments. A dependant is excused from paying health insurance premiums under South Korean legislation provided their spouse satisfies specific employment requirements. Because the lower court did not recognise the partners as spouses, it dismissed the petition.

While same-sex marriage is now legal in more than 30 nations, including Taiwan, pressure is growing on South Korea and Japan to amend their laws before they hold the G7 summit in May 2023. According to a brief statement made by a Seoul high court judge, the lower court’s decision had been overturned and the insurance contributions imposed on one of the spouses had been revoked. The judge also stated that the insurance service would be responsible for covering the costs of both sides of the case.

The Seoul High Court overturned a lower court’s decision. It was determined that spouse coverage under the NHIS included non-legally defined households. Additionally, it concluded that depriving same-sex couples of these advantages constituted discrimination.

In a Human Rights Watch report from the previous year, discrimination against LGBT individuals is still “pervasive” in South Korean culture. Without the legal status of marriage, same-sex couples are frequently denied access to newlywed benefits from the government.

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