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Recognition of same-sex unions in South Korea

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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South Korea does not recognize same-sex marriage or civil unions. On 21 February 2023, an appellate court ruled that government health insurance should offer spousal coverage to same-sex couples, the "first legal recognition of social benefits for same-sex couples" in South Korea.[1] This was upheld by the Supreme Court of Korea on 19 July 2024.

Polling suggests that support for same-sex marriage is rising in South Korea, with a 2023 Pew Research Center poll showing that 41% of South Koreans supported same-sex marriage, while 56% were opposed and 3% did not know or had refused to answer. This represented an increase compared to 2013 and 2017, when 26% and 34% of South Koreans supported same-sex marriage according to Ipsos and Gallup surveys.[2]

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Diplomatic visas

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In 2019, the Government of South Korea announced it would recognize the same-sex spouses of foreign diplomats who come to live in South Korea. The recognition does not extend to same-sex spouses of South Korean diplomats living abroad nor to South Korean same-sex couples. As of 2021, the only beneficiaries of this scheme have been the New Zealand ambassador, Philip Turner, and his husband Hiroshi Ikeda. Turner and Ikeda attended an official reception with President Moon Jae-in and his wife Kim Jung-sook at the Blue House in October 2019 as "legal spouses". Kyudok Hong, a professor at Sookmyung Women's University, said that "[this] symbolically shows that the recognition of same-sex marriage is a global trend and that Korea cannot ignore it."[3][4]

Health insurance coverage

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In February 2020, a man in a same-sex relationship, Kim Yong-min, successfully registered his partner, So Seong-wook, as his spouse, allowing So to access his employer's health insurance plan. When the story became public a few months later, the National Health Insurance Service (NHIS) reversed course and revoked the dependent status. In February 2021, So filed a lawsuit against the NHIS. He claimed that the NHIS had unfairly discriminated against the couple as the agency provides spousal coverage to common-law partners, and only canceled his coverage under the insurance program of his partner's employer after learning of his same-sex marriage. In January 2022, an administrative court ruled against him citing the lack of legal recognition of same-sex unions in South Korea.[5] So said he would appeal, "We will appeal, and the world will change. I believe a world in which people can live equally is coming soon."[6] The Seoul High Court ruled in favor of the couple on 21 February 2023, holding that government health insurance should offer spousal coverage to same-sex couples, the "first legal recognition of social benefits for same-sex couples" in South Korea.[7][8] The National Health Insurance Service later announced it would appeal the ruling to the Supreme Court.[9][10] On 16 May 2024, Human Rights Watch filed an amicus brief in support of the couple.[11] On 18 July, the Supreme Court upheld the High Court ruling allowing same-sex partners equal NHIS spousal benefits.[12][13][14][15] "I couldn't believe when I heard the ruling and I started crying," Kim told Reuters outside the court.[13] "While this decision is a major milestone, the case itself is a sobering reminder of the lengthy judicial processes that same-sex couples must endure to secure basic rights that should be universally guaranteed," Amnesty International said in a statement.[16]

Despite the court ruling, media reported in September 2024 that the NHIS had rejected requests from same-sex couples to receive spousal coverage. "We are currently reviewing the Supreme Court ruling related to recognizing the standard of life partner of the same sex, and will notify (the applicant) after we've set up the criteria.", said the NHIS regarding an unidentified couple who had applied for spousal coverage.[17] On 27 October 2024, an estimated 230,000 Christians demonstrated in Seoul against the ruling. A spokesperson for the organizers erroneously said the "verdict was unconstitutional because same-sex marriage has not been legalised".[18][19]

Civil partnerships

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Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

In October 2014, a bill to legalize life partnerships was proposed by some members of the Democratic Party of Korea. Life partnerships (Korean: 생활동반자관계,[20] saenghwaldongbanjagwangye, pronounced [sʰeŋβwaɭdoŋbandʑaɡwanɡje]) would have been open to both opposite-sex and same-sex couples, and would have offered some of the rights and benefits of marriage, such as tax benefits, and protection from domestic violence, among others.[21] However, the bill was not brought to a vote in the National Assembly. In February 2021, the government announced plans to recognise domestic partnerships for opposite-sex couples in light of the country's falling birthrate, mostly attributed to the cost of raising children and education. The reform would not apply to same-sex couples; "There hasn't been any discussion nor even a consideration about same-sex couples", a government spokesperson said.[22] Human Rights Watch urged the government to recognise same-sex domestic partnerships.[23]

On 26 April 2023, a group of lawmakers introduced a life partnership bill which "will include a wider range of groups of people living together as a family, such as the elderly, friends and unmarried couples, and provide them with rights in the areas of inheritance, adoption and housing matters, as well as providing other legal protections." Representative Ryu Ho-jeong, a sponsor of the legislation, said she hoped the bill would address South Korea's declining birth rate, citing France where the birth rate increased following the introduction of the civil solidarity pact in 1999.[24]

Same-sex marriage

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Same-sex marriage (동성결혼,[25] dongseong gyeolhon, pronounced [toŋsʰʌŋ kjʌɾβon])[a] is not recognized in South Korea. However, debate on the issue has emerged in recent years,[26] and polling suggests rising support for same-sex marriage among the South Korean public, notably among women and the younger generation.[2]

Court cases

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In July 2004, the Incheon District Court dismissed a claim for alimony from a same-sex couple who had separated after living together for 20 years.[27] The court ruled that their union could not be recognized as a common-law marriage under Korean law.[28] That same year, a same-sex couple, Lee Sang-cheol, 45, and Park Jong-geun, 41, attempted to register their marriage at the local office in the Eunpyeong District, but were rejected.[29]

In May 2014, Kim-Jho Gwangsoo and his partner Kim Seung-Hwan filed a lawsuit seeking legal status for their marriage. The couple had held a public wedding ceremony in Seoul in September 2013, but their marriage registration form was later rejected by local authorities.[30] Oral arguments were heard in July 2015. On 25 May 2016, the Seoul Western District Court ruled against the couple, arguing that without clear legislation a same-sex union could not be recognized as a marriage.[31] The couple appealed the court ruling. Their lawyer, Ryu Min-Hee, announced that two more same-sex couples had filed separate lawsuits to be allowed to marry.[32] On 5 December 2016, an appellate court upheld the district court's ruling.[33]

In February 2019, the National Human Rights Commission of Korea rejected a petition filed by a British-South Korean same-sex couple who sought to have their marriage, performed in the United Kingdom, recognized in South Korea. The commission stated that without legislative action or a judicial decision it was not permitted under law to recognise a foreign same-sex marriage.[34][35]

In October 2024, eleven same-sex couples announced their intention to file a lawsuit challenging the refusal of Seoul district offices to issue them marriage licenses. The plaintiff couples argued that: "Marriage equality is not only a fundamental issue of dignity but also an urgent matter of livelihood to secure equal protection, respect and recognition that their fellow citizens earn from marriage".[36]

Legislative activity

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In May 2023, MP Jang Hye-young introduced a same-sex marriage bill co-sponsored by 12 lawmakers to the National Assembly. The bill would modify the definition of marriage in the Civil Code to include same-sex marriages.[26]

Political viewpoints

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Support

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The Democratic Labor Party, established in January 2000, was a major political party in South Korea and had a political panel known as the Sexual Minorities Committee (Korean: 민주노동당 성소수자위원회, minjunodongdang seongsosujawiwonhoe) which advocated for the recognition and political representation of sexual minorities. Their stated agenda included a campaign against homophobia and discrimination based on sexual orientation, equal rights for sexual minorities (in their own words, "complete freedom, equality, and right of pursuit of happiness for homosexuals"),[37] as well as the legalization of same-sex marriages.[37] In its campaign bid for the 2004 parliamentary elections, the Democratic Labor Party promised the abolition of all inequalities against sexual minorities and won a record 10 seats in the National Assembly. The party later merged with the Unified Progressive Party in 2011, which was banned in 2014 on charges of plotting a pro-North Korea rebellion.

The Justice Party and the Green Party have expressed support for LGBT rights and legal recognition of same-sex unions. Some members of the Democratic Party of Korea (DPK) have also voiced support.[38] In an interview held in September 2014 and later published in October, the Mayor of Seoul, Park Won-soon, announced his support for same-sex marriage,[39] saying he hoped South Korea would become the first country in Asia to legalize same-sex marriage. A few days later, the Seoul Metropolitan Government announced that his words had been "misinterpreted" and that Park's words were that "maybe South Korea would become the first country in Asia to legalize same-sex marriage". This followed severe and violent backlash from conservative Christian groups.[40] During the 2017 presidential election, only one of the 14 presidential candidates, the Justice Party's Sim Sang-jung, voiced clear support for LGBT rights.[41]

Opposition

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The People Power Party is opposed to LGBT rights and same-sex marriage.[42] President Moon Jae-in of the Democratic Party of Korea, in office between 2017 and 2022, was opposed to same-sex marriage.[43] On December 19, 2007, Lee Myung-bak of the conservative Grand National Party won the presidential election. In a 2007 newspaper interview, Lee stated that homosexuality was "abnormal", and that he opposed the legal recognition of same-sex marriages.[44]

Public opinion

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Support for same-sex marriage among 18–21-year-olds according to a 2016 survey from the Varkey Foundation

An April 2013 Gallup poll revealed that 25% of South Koreans supported same-sex marriage, while 67% opposed it and 8% did not know or had refused to answer.[45] A May 2013 Ipsos poll found that 26% of respondents were in favour of same-sex marriage and another 31% supported other forms of recognition for same-sex couples.[46] According to a survey conducted by the matchmaking website Duo between 25 July and 1 August 2015, nearly 70% of female respondents viewed same-sex marriage as "acceptable", while 50% of men were against legalizing same-sex marriage. The majority of respondents who supported same-sex marriage said they did so because marriage was a personal choice (68%), 14% said sexual orientation was determined by nature and 12% said it would help end discrimination.[47][48]

A September–October 2016 survey by the Varkey Foundation found that 47% of 18–21-year-olds supported same-sex marriage in South Korea.[49] A 2017 Gallup Korea poll found that 58% of South Koreans opposed legalising same-sex marriage, while 34% supported and 8% were undecided.[50] Another survey in December 2017 conducted by Gallup for MBC and the Speaker of the National Assembly reported that 41% of South Koreans thought same-sex marriage should be allowed, while 53% were against.[51]

Public support for same-sex marriage is growing rapidly according to the Asan Institute for Policy Studies. In 2010, 31% and 21% of South Koreans in their 20s and 30s, respectively, supported the legalization of same-sex marriages. In 2014, these numbers had almost doubled to 60% and 40%. Support among people over 60, however, remained unchanged (14% to 15%).[52] A 2022 Hankook Research poll showed that 34% of South Koreans supported same-sex marriage, while 52% were opposed and 14% were undecided. Support was highest among 18–29-year-olds and people who personally knew a gay person.[53]

A Pew Research Center poll conducted between June and September 2023 showed that 41% of South Koreans supported same-sex marriage, 56% were opposed and 3% did not know or had refused to answer. When divided by age, support was highest among 18–34-year-olds at 61% and lowest among those aged 35 and above at 34%. Women (48%) were also more likely to support same-sex marriage than men (33%).[2] Support was highest among the religiously unaffiliated at 50%, and lowest among Buddhists at 38% and Christians at 27%.[54]

See also

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Notes

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  1. ^ Jeju: 동성절혼, dongseong jeorhon

References

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  1. ^ "In a first, a South Korean court says same-sex partners should get government benefits". NPR. 21 February 2023.
  2. ^ a b c "How people in 24 countries view same-sex marriage". Pew Research Center. 13 June 2023.
  3. ^ "New Zealand's gay ambassador to South Korea just made history by visiting Blue House with his husband". PinkNews. 26 October 2019.
  4. ^ "[단독] 주한 외교관 '동성배우자' 지위 인정한 청와대". Hankook Ilbo (in Korean). 2019-10-21. Retrieved 2019-10-21.
  5. ^ Thoreson, Ryan (January 10, 2022). "South Korean Court Declines to Recognize Same-Sex Partners". Human Rights Watch.
  6. ^ "Same sex couple loses suit against state health insurer over spousal coverage". Yonhap News Agency. January 7, 2022.
  7. ^ "In a first, a South Korean court says same-sex partners should get government benefits". NPR. 21 February 2023.
  8. ^ "Narrow but Significant Win for LGBT Rights in South Korea". Voice of America. 23 February 2023.
  9. ^ "South Korean court grants legal status for same-sex couple in landmark ruling". Reuters. 21 February 2023.
  10. ^ Yoon, Lina (22 February 2023). "South Korea Court Recognizes Equal Benefits for Same-Sex Couple". Human Rights Watch.
  11. ^ "South Korea Urged to Extend Health Benefits to Same-Sex Partners". The Mirage News. 20 May 2024.
  12. ^ "2023두36800 보험료부과처분취소" (PDF). Supreme Court of South Korea. Retrieved 20 July 2024.
  13. ^ a b Yim, Hyunsu (July 18, 2024). "In landmark ruling, South Korea's top court confirms state benefits for gay couples". Reuters.
  14. ^ Jung, Min-kyung (July 18, 2024). "Top court recognizes legal rights of same-sex couple for 1st time". The Korea Herald. Supreme Court rules equal national health insurance coverage for same-sex couple
  15. ^ "South Korea: Supreme Court ruling a historic victory for same-sex couples".
  16. ^ "S. Korea top court upholds right to state health benefits for gay couples".
  17. ^ "Same-sex couple denied insurance clearance despite landmark ruling". koreaherald.com. Retrieved 2024-09-27.
  18. ^ "South Korean Christian groups in massive protest against rights for same-sex couples". Reuters. 27 October 2024.
  19. ^ "Gathering against same-sex marriage legalization". Yonhap News Agency. 27 October 2024.
  20. ^ Seok Jin Hee (7 November 2016). "애인·친구와는 '법적 가족' 될 수 없을까요?". Hani (in Korean).
  21. ^ (in Korean) 연애 말고, 결혼 말고, 동반자!
  22. ^ Strother, Jason (1 February 2021). "Same-Sex Couples Excluded from South Korea's New Definition of Families". Voice of America.
  23. ^ Bergsten, Susanné (3 February 2021). "'Family' in South Korea Should Include Same-Sex Couples". Human Rights Watch.
  24. ^ Lee, Hae-rin (7 May 2023). "Proposed bill aims to embrace more diverse types of families". The Korea Times.
  25. ^ "'권리 부여가 아닌 되돌려주려는 것'...태국, 동남아 최초 동성결혼 합법화 눈앞". BBC News (in Korean). 28 January 2024.
  26. ^ a b Rashid, Raphael (31 May 2023). "South Korea's first ever same-sex marriage bill goes to parliament". The Guardian.
  27. ^ Son, Ji-Hyoung (22 February 2023). "South Korean court recognises same-sex partner as dependent". Asia News Network.
  28. ^ "Court ruling bars gay marriage case". Korea JoongAng Daily. 28 July 2004.
  29. ^ Kim, Kyung-wook; Kim, Hyo-sil (9 September 2013). "Filmmakers wed in Korea's first-ever public same sex marriage". Hankyoreh.
  30. ^ Avery, Dan (26 May 2016). "South Korean Courts Rejects Same-Sex Marriage". NextNowNext.
  31. ^ "South Korean court rejects film director's same-sex marriage case". The Guardian. 25 May 2016.
  32. ^ Duffy, Nick (26 May 2016). "South Korea set for more court battles over same-sex marriage ban". Pink News.
  33. ^ Yonhap News Agency (December 6, 2016). "S. Korean court rejects gay couple's appeal over same-sex marriage". Seoul.
  34. ^ Glauert, Rik (1 March 2019). "South Korea rights body claims it does not 'deny' same-sex marriage". Gay Star News.
  35. ^ So-hyun, Kim (27 February 2019). "Rights panel says it doesn't "deny" same-sex marriage". The Kore Herald.
  36. ^ Lee, Hae-rin (10 October 2024). "11 same-sex couples file lawsuit after district offices deny marriage registrations". The Korea Times.
  37. ^ a b (in Korean) 한국정당사 첫 동성애 공식기구 떴다 : 정치 : 인터넷한겨레
  38. ^ Ji-won, Park (6 August 2019). "Will LGBTQ issue become visible in 2020 general election?". The Korea Times.
  39. ^ "Seoul mayor Park Won-soon endorses same-sex marriage in first for South Korean politics". The Independent. 13 October 2014.
  40. ^ "Seoul mayor backtracks on gay marriage". Gay Star News. 20 October 2014. Archived from the original on May 6, 2016.
  41. ^ Steger, Isabella (27 April 2017). "Being a progressive politician in Korea doesn't stop you from being homophobic". Quartz. Retrieved 7 October 2017.
  42. ^ McCurry, Justin (4 May 2017). "South Korea must end gay soldier 'witch-hunt', campaigners say". The Guardian. Seoul.
  43. ^ "South Korea's presidential hopeful Moon Jae In under fire over anti-gay comment". The Straits Times. 26 April 2017. Retrieved 7 October 2017.
  44. ^ South Korea: Right Wing Leader Condemns Homosexuality
  45. ^ "South Korea easing homophobic views on news of gay 'wedding'". NewsComAu. Retrieved 15 May 2016.
  46. ^ "Same-Sex Marriage". Ipsos. 7–21 May 2013. Archived from the original on 14 March 2016.
  47. ^ "South Korea women overwhelmingly support gay marriage, men not so much". Gay Star News. 6 August 2015. Archived from the original on June 17, 2016.
  48. ^ Unmarried Korean women overwhelmingly in support of same-sex marriage, 50% of unmarried men against
  49. ^ Broadbent, Emma; Gougoulis, John; Lui, Nicole; Pota, Vikas; Simons, Jonathan (January 2017). "What The World's Young People Think And Feel" (PDF). Varkey Foundation. Archived (PDF) from the original on 20 August 2019. Retrieved 14 April 2021.
  50. ^ Tai, Crystal (17 September 2018). "Why is South Korea so intolerant of its gay community?". South China Morning Post.
  51. ^ "특집 여론조사…국민 59.7% "적폐청산 수사 계속해야"". MBC News. 26 Dec 2017.
  52. ^ Over the Rainbow: Public Attitude Toward LGBT in South Korea The Asian Institute for Policy Studies
  53. ^ "[2022 성소수자인식조사] 우리 사회는 성소수자를 받아들여야 할까?" (in Korean). 8 August 2022.
  54. ^ Gubbala, Sneha; Miner, William (27 November 2023). "Across Asia, views of same-sex marriage vary widely". Pew Research Center.
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