Seoul: A South Korean court on Tuesday for the first time recognised rights of a same-sex couple in the country; this landmark ruling has been hailed by the queer activists as a major victory for LGBTQIA+ rights in the Southeast Asian country.
The Seoul High Court in the ruling held that a government health insurer owed coverage to spouse of a customer which the firm had withdrawn after finding out that the couple was gay, reported BBC. The case will be challenged in the Supreme Court though, it stated.
Plaintiff sued NHIS over denial of coverage on the basis of being same-sex
According to the report, So Seong-wook sued National Health Insurance Service in 2021 after his partner Kim Yongmin was denied coverage on his insurance plan. The NHIS revoked the coverage saying they were mistaken in granting it to a same-sex couple.
The couple had gotten married in 2019 but same-sex marriages do not have legal sanction in the country.
Court held that denying insurance coverage to same-sex couple is discriminatory
According to another report, a lower court had ruled in favour of the NHIS last year but the HC in a significant judgement overturned the decision and ordered the insurance provider to resume benefits to So's partner as a dependant.
The court observed the coverage under NHIS extended to not just families as defined by law. They also said denying same-sex couple coverage is discriminatory.
Plaintiff welcomes judgement, says it's big victory for queer community and allies
An ecstatic Seong-wook was quoted by BBC saying that this verdict has a great meaning for the queer community who have been discriminated against, have been in a discriminatory situation and the allies. He also lauded the court for seeing equality as an important issue.
Excerpts from court judgement
The reports cited excerpts of the court judgement wherein the HC noted that everyone can be a minority in some way and that to be in minority is to be different from majority and it is not wrong.
The court observed that in a society dominated by the principles of the majority, awareness of rights of minorities and making efforts to protect them is necessary.
Discrimination against queer persons prevalent in South Korea: Report
Although South Korea does not recognise same-sex marriages, homosexual relationships are not criminalised. However, a Human Rights Watch report stated that discrimination against the queer community was prevalent though.
Activists have also emphasised for the need to bring in legislation against discrimination on basis of sexual orientation has been languishing in parliament because there is no consensus among MPs.
Amnesty International issues statement
After the ruling, Amnesty International said that the verdict is significant as the first decision legally recognising same-sex couples made by a court at any level, reports cited.
The human rights group in their statement said that the country still has a long way to end discrimination but the ruling offers hope that prejudice can be overcome.
