South Korea's Supreme Court Rules LGBT+ Couples Equal in Right to Health Care

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South Korea's Supreme Court has recognized the equality of homosexual and heterosexual couples in the right to health care. Now, same-sex partners who are de facto married can claim spousal benefits under compulsory health insurance and be recognized as dependents of their partners. This is the first time that same-sex couples have been recognized as dependents in South Korea.

The Supreme Court upheld the ruling of the Seoul Metropolitan Court, which in early 2023 ruled in favor of partners Seo Sung-wook and Kim Young-min. They were challenging a lower court's decision to deny them medical benefits by not recognizing the partners as common-law spouses.

"This is an act of discrimination which violates human dignity, the right to pursue happiness, freedom of private life and the right to equality before the law, and the degree of violation is serious," the Supreme Court said.

South Korea does not have a case-law system, meaning courts are not required to rely on previous court decisions to make decisions. However, rights activists say the Supreme Court's ruling will provide legal support for expanding the rights of LGBT+ couples in South Korea, where such partnerships are not legally recognized.