SEOUL - South Korea’s gay community received a shot in the arm in July, in a landmark court ruling recognising the legal rights of same-sex couples.

       The country’s top court ruled on July 18 in favour of a same-sex couple who were seeking equal spousal rights as heterosexual couples from the country’s National Health Insurance Service (NHIS), which provides healthcare coverage to all South Korean citizens.

       Under South Korean law, same-sex marriages are currently not recognised, so even if same-sex couples have registered their marriage overseas, their unions are not recognised in South Korea.

       The couple, Mr Kim Yong-min and Mr So Sung-wook, held a wedding in 2019. Mr Kim then applied for Mr So to be a dependant under his health benefits coverage.

       When this was denied by NHIS, they filed a legal complaint in 2021.

       The case went through several rulings at the Lower Court and High Court in 2022 and 2023, before being escalated to the Supreme Court for the final say.

       In its ruling, the Supreme Court stated that same-sex couples are an “economic community akin to a conjugal partnership”.

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       The court declared the NHIS rejection unlawful and “a discrimination against sexual orientation in denying (a potential beneficiary the same benefits as heterosexual couples). It is also an act of discrimination that infringes on the rights to be treated equally under the law, the rights to pursue happiness (and) freedom of privacy, and violates human dignity and value”.

       While short of recognising same-sex marriages, the ruling essentially acknowledged that health benefits accorded to married heterosexual couples should also apply to same-sex couples.

       This significant ruling has sparked hopes within South Korea’s LGBTQ+ (lesbian, gay, bisexual, transgender and queer) community that legalisation of same-sex marriages could be a possibility in the not-too-distant future and that such unions will gain wider acceptance in Korean society.

       At a press conference after their courtroom triumph, Mr So said: “During the 3？ years since the lawsuit was filed, my husband and I have been constantly asked to prove that we are each other’s family and spouse, and we have continued to face the refusal of the NHIS.”

       He added that “the next step is to equalise the marriage system and ensure spousal rights for all”.

       In May 2023, lawmakers proposed a same-sex marriage Bill in Parliament for the first time. The Bill was not passed, but was lauded as an important first step and a “historic moment” by the civic group Marriage Equality Korea.

       Certain conservative religious groups in South Korea have long campaigned against the legalisation of same-sex marriage, but public surveys have shown growing societal acceptance of the idea.

       According to research firm Statista, a survey in 2023 showed that 40 per cent of South Koreans now support the legalisation of same-sex marriage, compared with only 17 per cent in 2001.

       Some countries and territories in Asia have legalised same-sex marriages.

       Taiwan was the first to recognise same-sex marriage in 2019, while Nepal did so in June 2023.

       In June 2024, Thailand’s Senate voted 130 to four in favour of a marriage equality Bill. The Bill is still pending endorsement from Thailand’s King Maha Vajiralongkorn, but this step is considered a formality.

       While South Korea has yet to pass a law legalising same-sex marriage, there is a growing number of same-sex couples who form family units, with at least one couple having a child.

       Ms Kim Kyu-jin and Ms Kim Sae-yeon, who registered their marriage in 2019 in the US, are the first openly married lesbian couple to have a child in South Korea. They share an 11-month-old daughter, Lani, conceived via sperm donation at a clinic in Belgium. Ms Kim Kyu-jin carried the child to term.

       Both of them have been closely monitoring the court proceedings of the Kim-So couple.

       Ms Kim Kyu-jin, 33, told The Straits Times: “When the judge started saying that the relationship of same-sex couples is no different from the relationship of a different-sex couple, I was like ‘wow!’ I couldn’t believe it. It’s actually the first positive ruling concerning same-sex relationships in Korea!”

       She thinks that her country’s recognition of same-sex marriage “could be closer than what people may think” because some of South Korea’s closest partners, such as the US and Britain, already recognise such marriages.

       She said: “Korea is well known for making fast changes when the time is ripe. Like this court ruling, no one expected it, but look where we are.”

       The e-commerce specialist at a global beauty company, who has been open about her sexuality since 10 years ago, has seen growing exposure of same-sex relationships in the media over the years.

       Indeed, she and her wife have appeared in a five-episode docuseries titled Just Family, produced by South Korean online streaming platform Wavve, which explores the modern definition of family through two same-sex couples. It was aired from end-June to mid-July.

       Ms Yim Ji-soo, the show’s chief producer, said in an e-mail interview: “In Korea, there is a social atmosphere in which sexual minority issues are taboo, to the point where it is awkward to use the words ‘gay’ and ‘lesbian’. But in recent years, we have seen more content, such as queer dating programmes, which is being accepted by the public.”

       The niche Just Family has limited marketability. But Ms Yim said the aim was to raise societal awareness of the growing LGBTQ+ family units “that are not protected by law or institutions, but are still held together by strong beliefs and love”.

       Working on the show was a learning journey for the production crew and the couples featured, who encountered hate speech and opposition while filming on location.

       A hair salon that had agreed to allow its venue to be used for filming threatened to withdraw its consent when it heard that same-sex couples were involved in the filming.

       But this only fuelled the team’s resolve to let the minority voices be heard.

       “We gained a more profound understanding of how living openly as an ‘LGBTQ+ family’ in Korea is an arduous journey and a survival process,” said Ms Yim.

       The other couple featured on Just Family are Mr Park Jong-ryeol and Mr Kim Ki-hwan, known as “Mango Couple” on their YouTube channel. They said they were encouraged by the feedback from people around them who had watched the show.

       The couple related how one of their heterosexual friends realised through the show that while heterosexual couples worry only about things such as the wedding venue and invitations, queer couples face more challenges, including the basic recognition of their union.

       Mr Kim said: “He feels very touched by our stories. We are glad that our stories could make heterosexual people feel this way.”

       Some South Koreans grow to accept gay people through knowing someone close to them who is gay.

       When her gay son came out to her eight years ago, Madam Vivian Kang, 56, cried over it for almost a year. But she is now an active volunteer with civic group Parents, Families and Friends of LGBTQ+ People in Korea.

       The flight attendant said: “I think the sadness of most parents of queer children is that they are not socially recognised. But I feel very relieved after the court ruling, knowing that if my son ever gets a partner and gets married, he will not be excluded from medical services.”

       Referring to her personal journey, Madam Kang is optimistic that further progress is on the horizon.

       “Seeing how my own thoughts and attitudes have changed over the past eight years, I’m confident that the world has changed just as much, along with me.”