The National Health Insurance Service (NHIS) of South Korea should extend state benefits to same-sex partners, ILGA World and ILGA Asia said in a joint amicus curiae brief filed before the country’s Supreme Court.
The global federation of organizations working to advance the human rights of LGBTI people, and its region working across Asia intervened in a landmark case, in which the Supreme Court will be soon called on to rule whether a same-sex partner is entitled to public health insurance coverage as his partner’s dependant, as is the case for heterosexual couples.
In February 2020, Mr. So Seong-wook successfully registered as a dependent of his same-sex partner, Mr. Kim Yong-min, with the NHIS. However, this status was revoked in October 2020 on the grounds that the initial registration was a 'mistake.' - solely based on their sexual orientation. In February 2023, the Seoul High Court overturned a ruling in favor of the NHIS by the Administrative Court, recognizing the discriminatory nature of the NHIS's actions and affirming that spousal coverage should not be restricted to legally-defined families. This win marked the first time a Korean court has recognized the need to protect same-sex couples. The NHIS, however, appealed this ruling, calling on the Supreme Court to decide on the matter.
The case drew the attention of international experts at the United Nations in May 2024, when the delegation of South Korea reported to the UN Committee on the Elimination of Discrimination against Women (CEDAW). CEDAW experts inquired the Korean authorities about this case and measures to ensure the rights of same-sex partners.
Alongside ILGA World and ILGA Asia, other international non-governmental organisations - including Amnesty International and Human Rights Watch - submitted amicus curiae briefs on the case, calling on South Korea to allow LGBTI individuals to enjoy equal access to healthcare and social security benefits.
“Denying health insurance coverage to same-sex couples solely based on who they are violates the principles of equality and non-discrimination,” ILGA World and ILGA Asia said in their amicus brief.
According to the ILGA World Database, 35 UN member States have introduced marriage equality. South Korea is not among them, nor does it provide the opportunity for civil unions to same-sex couples.
“There is a clear trend within the Asian region and globally around the recognition of same-sex unions,” ILGA World and ILGA Asia explained. “In addition, a growing body of regional and international jurisprudence recognizes that states ought to protect the rights of same-sex partners irrespective of whether or not they legally recognize same-sex marriage or unions. We urge the Court to ensure that same-sex partners are able to access state benefits on equal footing.”
For further inquiries contact:
Nadine Kamila Hassan, ILGA Asia Senior Communications Officer: nadine@ilgaasia.org
Daniele Paletta, ILGA World communications manager: media@ilga.org
Notes to editors:
An Amicus curiae (from Latin "friend of the court") brief, also known as third-party intervention, is a document written by individuals or groups who are not directly involved in a legal case, but have expertise or technical insight to offer a court to assist in making its decision. Such documents may provide background or statistical information in a given case, and set out legal arguments and recommendations.
About ILGA World
ILGA World – the International Lesbian, Gay, Bisexual, Trans and Intersex Association – is a worldwide federation of more than 2,000 organisations from over 170 countries and territories campaigning for the human rights of people with diverse sexual orientations, gender identities and expressions, and sex characteristics. https://ilga.org
About ILGA Asia
ILGA Asia, the International Lesbian, Gay, Bisexual, Trans and Intersex Association for Asia, is a regional organization committed to advancing LGBTIQ+ rights, inclusivity, and equality across Asia. Our work is underpinned by empirical evidence, and we collaborate extensively with member organizations, governments, and civil society to foster a more accepting and equitable society for all, irrespective of sexual orientation, gender identity, or expression. Further information is available at https://www.ilgaasia.org/.
