Historic Supreme Court Ruling: South Korea Recognizes Same-Sex Couple’s Union

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In a landmark decision, the Supreme Court of South Korea ruled in favor of a same-sex couple on Thursday, recognizing their union and setting a significant precedent for LGBTQI+ rights in the country.

The Case and Ruling

The case centered around the plaintiff’s same-sex partner, who became an employed subscriber to the National Health Insurance system in 2016. The partner submitted a notification of the plaintiff’s eligibility for dependent status, including a personal guarantor’s certificate affirming their marital relationship. Initially, the defendant’s employee accepted this notification, granting the plaintiff dependent status as of February 26, 2020. However, this status was later revoked unilaterally, with the defendant citing “failure to meet dependent recognition requirements.”

Constitutional Grounds

Article 11 of the Constitution of the Republic of Korea ensures all citizens are equal before the law and prohibits discrimination based on sex, religion, or social status. Additionally, Article 9 of the Framework Act on Administrative Regulations mandates that administrative agencies must not discriminate without reasonable cause.

The court concluded that there is no valid justification to treat same-sex partners differently from those in de facto marital relationships. The recognition of a dependent should be based on the economic community formed with the employed subscriber, not the partner’s gender.

Court’s Reasoning

The court emphasized that acknowledging same-sex partners as dependents does not undermine traditional marriage or family systems, nor does it compromise legal stability or third-party rights. It also stated that recognizing same-sex partners would not significantly increase the number of dependents or threaten the financial integrity of the National Health Insurance system. The dependent system, the court argued, must adapt to diverse family structures and living situations.

Impact and Implications

This ruling declared that the defendant’s refusal to recognize the plaintiff, a same-sex partner, as a dependent while acknowledging a person in a de facto marital relationship with the employed subscriber as a dependent constitutes unjust discrimination. This refusal was found to violate the constitutional principle of equality. Consequently, the court dismissed the defendant’s appeal, marking a significant shift in South Korea’s legal protections for LGBTQI+ citizens.

This historic ruling is a monumental step towards equality and non-discrimination, reflecting the evolving recognition of diverse family structures and the rights of same-sex couples in South Korea.

Stay tuned for more updates on this groundbreaking development and its implications for LGBTQI+ rights in South Korea.

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