In a landmark decision on Thursday, July 18, the Supreme Court of South Korea ruled that same-sex partners can now legally jointly benefit from the country’s National Health Insurance Service (NHIS). This means that same-sex couples in South Korea can now benefit from the same insurance plans as heterosexual couples.

The landmark decision comes after more than three years of legal battle and could potentially result in the formal recognition of same-sex marriages in the East Asian nation in the future. The Supreme Court’s decision similarly upholds a 2023 ruling from a Seoul High Court that ordered the NHIS to provide equitable insurance to So Sung-wook and Kim Yong-min, a same-sex couple who filed a suit against the insurance body in 2021 after the couple’s benefits were cancelled. 

In the ruling, Chief Justice Jo Hee-de said that denying same-sex couples the same rights and benefits as their heterosexual peers was “an act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy and the right to equality before the law, and the degree of violation is serious”. 

Justice Hee-de similarly ruled that the denial of benefits for same-sex couples constituted legal discrimination based on sexual orientation. 

In a statement delivered to Reuters outside the court following the decision, Kim Yong-min said: “I couldn’t believe when I heard the ruling. I was extremely happy and I started crying. It took four years to earn this dependent status and we need to fight harder to legalise same-sex marriage going forward”. 

Human rights organisation Amnesty International has previously described the disparities between heterosexual couples and their same-sex peers as an act of serious discrimination. Responding to the ruling, Boram Jang, Amnesty’s East Asia researcher, has said it is a “historic victory for equality and human rights in South Korea”.

Jang added: “It is disheartening that in 2024, same-sex couples still face such significant barriers to equality. South Korea should continue to embrace equality, diversity and inclusiveness to ensure that every LGBTI individual can enjoy access to healthcare and social security benefits in the country”.