South Korean gay couple speaks out after landmark ruling recognizes them as a common law couple

In a country where same-sex marriage is not legal and efforts to introduce an anti-discrimination law face backlash from critics including conservative religious groups, the Seoul High Court’s verdict, overturning a lower court's decision, has been hailed as a step towards marriage equality by human rights group Amnesty International.

The couple's legal battle began two years ago when the National Health Insurance Service (NHIS) cancelled So’s dependent status as Kim’s partner, denying him spousal benefits on top of other rights accorded to heterosexual couples after their story was picked up by local media. So said he felt his rights were taken away so he decided to file a lawsuit against the state’s health insurer. In January 2022, the Seoul Administrative Court ruled against the plaintiff on the grounds that same-sex couples cannot be recognized as de facto couples. So they appealed and won.

"We are not recognised as a family by law in South Korea, so we cannot receive registered mail or serve as caregivers as a family member at a hospital on each other’s behalf,” said So. 

“I see this ruling not just as a one-off win but as a sign that we are starting to win. That love has won," he said in the house he shares with Kim, adorned with pride flags and wedding photographs.

The two first met while serving military duty as social service workers and celebrated their 10th anniversary in January. Both 32, Kim works at an LGBT human rights group and So works with an HIV youth support group.

Korean law does not allow same-sex couples to legally marry, but in 2019, they held a wedding ceremony that they promoted on social media, drawing some 300 attendees, some of whom were strangers including a group of middle school students who showed up to celebrate. 

“Some cried at our wedding. They were more moved than us and cried as soon as we entered. I asked why, and they told us they were just happy to see that we (gay people) can hold a wedding ceremony too,” Kim said.

The couple has been outspoken about their life to raise awareness of those in similar situations. But they said South Korea has been slow in making strides for LGBTQ rights due to inaction by politicians. Anti-discrimination bills have been proposed but lawmakers have failed to move forward with legislation despite public support and criticism from activists.

Nearly 7 in 10 people agreed that anti-discrimination law is necessary, according to a survey by pollster Realmeter conducted last year.

In a statement, the NHIS said it would conduct a legal review to decide whether to challenge the high court’s verdict in the Supreme Court.