South Korea's top court on Thursday upheld an earlier decision by an appeals court which ruled that the National Health Insurance Service (NHIS) had to grant a same-sex couple spousal coverage.

The appeals court decision last year was the first time a South Korean court recognized the rights of a gay couple.

What is the case?

So Seong-wook and Kim Yong-min had sued the NHIS in 2021 after it canceled their spousal benefits when it discovered they were both men.

Chief Justice Jo Hee-de said that denying them such benefits, even though there is no language in the National Health Insurance Act that relates to this specific case, constitutes prejudice based on sexual orientation.

"It is an act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy and the right to equality before the law, and the degree of violation is serious," Jo said in a televised hearing.

The verdict means that common law spouses of the same gender can now register as dependents on their partners' health insurance.

'A historic victory' marred by protestors

Amnesty International called the decision "a historic victory for equality and human rights in South Korea."

"I couldn't believe when I heard the ruling. I was extremely happy and I started crying," Kim told Reuters news agency.

"It took four years to earn this dependent status and…we need to fight harder to legalize same sex marriage going forward," he said before being interrupted by homophobic Christian activists who had gathered on the steps to protest.

Although Kim and So have long lived together and held a marriage ceremony in 2019, same-sex marriage and civil unions are still not legally recognized in South Korea. An anti-discrimination bill has languished for parliament for years due to pushback from conservative lawmakers. 

Across Asia, only Taiwan, Thailand and Nepal have enshrined marriage equality into law.

es/fb (AFP, Reuters)