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Wednesday, April 24, 2024

Sokor court rules on same-sex couple’s rights

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A South Korean court delivered a landmark ruling on Tuesday recognizing the rights of a same-sex couple for the first time, with activists hailing the verdict as a major victory for LGBTQ rights in the country.

The case—which will now go to the Supreme Court—was brought by a gay couple, So Seong-wook and Kim Yong-min, who live together and held a wedding ceremony in 2019.

It had no legal validity, however, as South Korea does not recognise same-sex marriage.

In 2021, So sued the National Health Insurance Service because it terminated benefits for his partner – whom he had registered as a dependent — after discovering they were a gay couple.

A lower court ruled in favour of the NHIS last year but in a significant turnaround, the High Court in Seoul overturned that decision on Tuesday, effectively ordering the insurance provider to resume benefits to So’s partner as a dependent.

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“Today, we have our rights recognised within the legal system,” So’s partner Kim said after the ruling, according to the Yonhap News Agency.

“This represents a victory for everyone wishing for equality for same-sex couples.”

The court did not give a detailed reasoning for its decision.

The NHIS told AFP it will appeal.

“This ruling is significant as the first decision legally recognising same-sex couples to be made by a court at any level in South Korea,” Jang Boram of Amnesty International said in a statement.

Though South Korea still has a “long way to go to end discrimination… this ruling offers hope that prejudice can be overcome.”

While the country does not recognise same-sex marriages, gay relationships are not criminalized. LGBTQ people tend to live largely under the radar.

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