Supreme Court recognizes rights of same-sex couples to receive spousal health insurance coverage in landmark ruling

The Supreme Court on Thursday finalized a ruling in favor of a same-sex couple demanding the same spousal coverage from the state health insurance program as heterosexual couples, in a landmark ruling partially recognizing the legal rights of same-sex couples for the first time.The plaintiff, So Seong-wook, filed an administrative lawsuit against the National Health Insurance Service (NHIS) in February 2021, after the agency ordered him to pay insurance premiums as he is not qualified as a dependent of his male spouse.The NHIS had first granted him coverage under his partner's employer-based health insurance program as a dependent in February 2020, but it later reversed the decision, citing their same-sex marriage, according to So.So claimed he and his partner were discriminated against, as the NHIS grants spousal coverage to common-law partners.South Korea by law does not legally recognize same-sex marriages.The district court dismissed the suit, but the higher court overturned the lower court's ru ling, saying the decision to withdraw the spousal insurance coverage from So constitutes discrimination based on sexual orientation.The Supreme Court upheld the previous ruling in favor of the same-sex couple, saying excluding the plaintiff from receiving spousal insurance coverage without an explicit regulation that rules out same-sex partners is discrimination based on sexual orientation."It consists of an act of discrimination that violates the dignity and values of a human being, the right to pursue happiness, the right to privacy and the right to be treated equally before the law," the court said, adding the scope of the violation is grave."A same-sex partner should be recognized as a dependant in case they are reliant on their employed partner for their livelihood and do not possess the ability to pay the insurance fee themselves," the court added.The top court, however, did not go as far as to recognize same-sex marriage in the ruling, but it said defining and determining the scope of the term "spouse" under civil and family law shall be discussed separately from the case at issue.It means that even if same-sex marriage is not recognized in the country, their legal rights in the social security system, such as health insurance, can be evaluated on the same terms as common-law marriages."The plaintiff is someone who has formed an economic living community with his employed partner, comparable to that of a married couple," the court said. "He is no different from someone involved in a common-law marriage, who is recognized by the NHIS as a dependent," it added.Source: Yonhap News Agency