Republic of Korea - February 2023

A high court on 21 February 2023 ordered the National Health Insurance Service (NHIS) to provide spousal coverage to same-sex couples, marking the first time a court has legally recognized social benefits for same-sex couples in South Korea. The ruling overturned a lower court ruling in January 2022 that declined to recognize the same-sex couples as common law spouses. While hailed as a leap forward in expanding LGBTQIA+ rights, significant barriers remain, with one of the petitioning partners noting that "The right we've obtained is 1 out of 1,000 that a [heterosexual] married couple has had." Despite its narrow reach, rights activists remain hopeful that the verdict will establish a precedent for enabling future rulings based on the same principles of equality and non-discrimination. NHIS plans to challenge the ruling in the Supreme Court.

South Korea’s Supreme Court ruled on 18 July that same-sex couples are eligible to receive the same health insurance benefits as heterosexual couples. The ruling cannot be appealed and has been welcomed by rights experts.

Note: This report was updated on 27 July to take note of the ruling of the Supreme Court. 

Sources: The Korea Herald, Reuters, Human Rights Watch, NPR