Supreme Court of Korea Extends Korean Insurance Dependent Coverage to Gay Couple

In the most significant ruling on gay rights in the history of South Korea, the Supreme Court of Korea ruled that same-sex couples qualify for dependent healthcare insurance coverage under the Korean National Health Insurance program. Many in the Korean LGBTQ+ community are considering this a path to legalization of same-sex marriage or recognition of the relationship as a de facto Korean marriage. The decision allows the registration of the same-sex couple for dependent coverage, thus, the dependent does not need to register under an individual plan, thus, saving some insurance premiums.

The Korean Supreme Court’s holding does not recognize the same-sex couple as having a common-law (de factor marriage), but noted that not allowing the dependant insurance benefits constituted discrimination by infringing on the couple’s “dignity and values, their right to pursue happiness, their freedom of privacy and their rights to be equally treated under the law.”

The ruling may lead to the extension of more government benefits to same-sex couples and may extend, even, to private benefits from employers. We advise all employers to review their employment rules and benefit schemes to adopt their rules and policies to the potentiality that Korea may, in the near future, mandate all same-sex couples receive the same benefits from employers as married couples.

This case is a good impetus if you have not had a compliance audit, to have a Korean law firm conduct a proactive compliance audit. If you have not revised your employment rules in the last couple of years, it is advisable to have a Korean employment lawyer review these employment rules – many changes occurred in the last couple of years that necessitates the need, in many cases, to update employment rules.

New York Attorney Sean Hayes is the only non-Korean to have worked as a government attorney for the Korean court system and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is rated a Top Attorney by LawAsia and other publications. Schedule a call with Sean Hayes at: Schedule a Call.