The Seoul High Court delivered a landmark decision, ruling in favor of a same-sex couple demanding the same spousal coverage from the state health insurance program as heterosexual couples. It overturned a lower court’s ruling that marriage in South Korea is considered a union between a man and a woman, marking the first time a ROK court has recognized the legal rights of same-sex couples.
Although the court stated that it is difficult to acknowledge same-sex unions as equal to common-law marriage as defined by current laws, it acknowledged that those in same-sex marriages are fundamentally identical to those in common-law marriages, except that they are homosexual, given that they form the highly identical union based on emotional and economic needs and duties to support and be faithful to each other. The court ruled that on that basis, withdrawing spousal insurance coverage from same-sex couples constitutes discrimination based on sexual orientation and goes against the object of the state health insurance benefits intended for dependents who economically rely on employed family members.
The Seoul High Court delivered a landmark decision, ruling in favor of a same-sex couple demanding the same spousal coverage from the state health insurance program as heterosexual couples. It overturned a lower court’s ruling that marriage in South Korea is considered a union between a man and a woman, marking the first time a ROK court has recognized the legal rights of same-sex couples.
Although the court stated that it is difficult to acknowledge same-sex unions as equal to common-law marriage as defined by current laws, it acknowledged that those in same-sex marriages are fundamentally identical to those in common-law marriages, except that they are homosexual, given that they form the highly identical union based on emotional and economic needs and duties to support and be faithful to each other. The court ruled that on that basis, withdrawing spousal insurance coverage from same-sex couples constitutes discrimination based on sexual orientation and goes against the object of the state health insurance benefits intended for dependents who economically rely on employed family members.
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