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So Sung-uk and Kim Yong-min hold hands and smile as they emerge from the Supreme Court building in Seoul on July 18, 2024, following their victory in a case that challenged the state health insurance system’s cancelation of dependency eligibility for So due to his relationship being a same-sex one. (Yonhap)

The Supreme Court of Korea has recognized that denying same-sex couples the same benefits of dependency afforded to straight couples by state health insurance is blatant discrimination based on sexual orientation.
 
Preventing couples who merely happen to be of the same sex or gender from accessing a social security system that exists to provide everyone with the right to live a decent life is an act of discrimination that infringes upon same-sex couples’ constitutional rights. This ruling serves as a warning to a society that routinely discriminates against sex and gender minorities.
 
The en banc decision made by the Supreme Court on Thursday regarding a lawsuit filed by So Sung-uk, who has a same-sex spouse, against the National Health Insurance Service (NHIS) can be summed up as follows. 
 
So had registered as his husband’s dependent in the state health insurance, as his husband was enrolled in the insurance through his workplace. When the NHIS revoked So’s status as a dependent, changed his status to that of an individual subscriber, and charged him an individual premium, So decided to take his case to court.
 
While the court of first instance ruled in favor of the NHIS, the appellate court ruled that “discrimination based solely on sexual orientation is arbitrary discrimination that violates the principle of equality.” The ruling showed that same-sex couples who are in a de facto marriage are inherently the same as heterosexual couples.
 
The Supreme Court went one step further than the appellate court, pointing out the danger of discrimination in social security systems. It stated that discrimination based on sexual orientation within social security systems, which exist to protect the fundamental rights of a nation’s citizens, “is an act of discrimination that infringes upon the value and dignity of human beings, the right to the pursuit of happiness, the right to privacy and the right to equality before the law,” while noting that the severity of the infringement was also important. 
 
While common-law marriage in Korean civil law refers to a union between a man and woman, the Supreme Court’s ruling states that common-law marriage in social security systems should be interpreted broadly to ensure that individuals are guaranteed their rights.
 
This ruling only underscores Korea’s need to pass an anti-discrimination act, a hurdle that lawmakers have been trying and failing to clear for 17 years. While the first draft of anti-discrimination legislation was introduced to the 17th National Assembly in 2006, during the Roh Moo-hyun administration, and many have been submitted since, the path has been blocked time and time again by conservative Christian groups and others.
 
During previous National Assemblies, Justice Party lawmaker Jang Hye-young introduced a bill in June 2020, only for it to expire. The problem lies in the negative misconceptions and unfounded prejudices people harbor toward homosexuality.
 
Any one of us can become a minority. Being a minority only means that you’re not part of the majority; it doesn’t mean that your existence is wrong or invalid. In a society in which majority rule stands strong, we must put in the effort to protect the rights of our minority neighbors.
 
Beyond being a win for gay rights, this ruling should become a catalyst for our society to take action and end all forms of discrimination against all minorities. 

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