Soeul, Feb 22 —The Seoul High Court's recent verdict has garnered attention as it sets a significant precedent for the recognition of same-sex unions in South Korea. On Tuesday, the court issued a ruling that mandates the state's health insurer to extend spousal coverage to a same-sex couple, thus marking a legal milestone for LGBTQ+ rights in the country.
South Korean law stipulates that if a spouse meets specific employment criteria, a dependent is exempt from making health insurance payments. However, the previous lower court dismissal of a petition rested on the lack of recognition of the partners as spouses. While more than 30 countries, including Taiwan, have embraced same-sex marriage, South Korea and Japan continue to prohibit it. Advocacy for legal change in these countries has been amplified in light of the upcoming G7 summit in May.
This ruling overturns the prior decision that deemed a same-sex dependent ineligible for benefits that are granted to other common-law couples under the purview of the National Health Insurance Service. The Seoul High Court's pronouncement is a groundbreaking step towards the legal acknowledgment of same-sex couples.
The court emphasized that safeguarding minority rights remains one of its foremost responsibilities as the ultimate guardian of human rights—an assertion of paramount importance.
In response, the National Health Insurance Service has announced its intention to appeal the ruling with the Supreme Court, the apex authority for hearing legal disputes. Notably, South Korea's Constitutional Court, responsible for constitutional matters, also contributes to the nation's judicial landscape.
This landmark decision is not just a legal triumph; it also signifies progress towards achieving marriage equality and breaking down barriers of prejudice against the LGBTQ+ community. The ruling underscores the significance of acknowledging diverse partnerships and upholding the principles of equality and human rights, ultimately fostering a more inclusive and just society.
Source: Reuters. [Date accessed: 22 Feb 2023].
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