Love is Covered: Can Same-Sex Spouses Get Health Insurance as Dependents

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input 2024.09.01 15:00

input 2024.09.01 15:00correction 2024.08.30 17:23
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There has been an opinion that even if same-sex couples are not legally recognized as married couples, they should at least be given the same or similar legal and social benefits as common-law marriages. [사진= 게티이미지뱅크]

The United States began to gradually allow same-sex marriage, starting with Massachusetts in 2003, and on June 26, 2015, the U.S. Supreme Court ruled that same-sex marriage was a constitutional right, allowing same-sex marriage throughout the United States. In Korea, there are currently no explicit provisions in the law that marriage must be between opposite-sex couples or prohibit same-sex marriage. However, the Supreme Court does not recognize same-sex marriage under customary law, stating that marriage is established through the physical and mental union between a man and a woman. As a result, when the family relationship registration computer system was reorganized in March 2022, it became possible to register marriages regardless of gender in terms of administrative procedures, but local governments are not accepting them, citing them as “same-sex marriages that cannot be accepted under current law.”

In Korea, if you are recognized as a couple, that is, as a family, you can receive various legal and social benefits. First, if your partner dies, you can inherit his or her property. Second, if your partner undergoes a major surgery or his or her health deteriorates, you can make various decisions related to your partner. Third, as a member of the family, you can receive various tax benefits and be recognized as a dependent for health insurance. Fourth, you can also adopt children.

Even if they are in a common-law relationship where they have not legally registered their marriage but live together and recognize each other as a couple, they can receive benefits similar to those of a legally married couple. However, in the case of same-sex couples, they are not legally recognized as a couple or even as a common-law couple, so they cannot receive legal and social benefits.

It is acknowledged that our society needs social discussion and agreement to legally recognize same-sex couples. However, there has been an opinion that same-sex couples should be given at least the same or similar legal and social benefits as common-law relationships, even if they are not legally recognized as married couples. The following is an introduction to recent court decisions on this matter.

A and B are 33 and 34 years old men. They started dating about 10 years ago, lived together for 7 years, and got married 5 years ago, inviting their families. A was originally working at a company, but quit his job 6 years ago. At the time, he checked to see if he could obtain dependent status under health insurance, was told he could, obtained dependent status, and received insurance benefits. However, in 2020, it was reported in the media that A was registered as a dependent. After confirming this, the employee in charge called and told him that it was a mistake for A to have registered as a dependent, and retroactively revoked his dependent status. A filed a lawsuit, claiming that this decision by the National Health Insurance Corporation was problematic.

The Supreme Court stated that “same-sex partners form an economic living community similar to that of a married couple and are no different from those in a common-law relationship, but recognizing those in a common-law relationship as dependents while not recognizing same-sex partners as dependents is an act of discriminating against a group that is essentially the same based on sexual orientation,” and that “same-sex partners also need to be recognized as dependents just like those in a common-law relationship if they mainly depend on the employer who formed the partnership for their livelihood and do not have the means to pay their own insurance premiums.” The court ruled that “not recognizing same-sex partners as dependents discriminates against those in a common-law relationship without reasonable grounds and violates the principle of equality under the Constitution, and is therefore unlawful by a 9-4 vote.” (Supreme Court 2024.7.18. Decision 2023du36800, En banc)

This ruling is significant in that it guarantees for the first time the basic constitutional rights of same-sex couples, who were previously not recognized as dependents, such as the right to pursue happiness, freedom of private life, and the right to equality before the law.

According to the Court Administration Office, there were 33 same-sex marriage reports received by local governments from March 2022 to July 2024 but not accepted. Currently, many foreign countries recognize same-sex marriage, but Korea does not, which is causing various problems. For example, according to one newspaper report, a same-sex female couple registered their marriage as a same-sex couple in the United States in 2019, entered Korea, and had a child through in vitro fertilization using donated sperm in 2023, but the same-sex partner is not the child’s legal parent.

There is interest in whether benefits for same-sex couples will be extended to other social security systems in the future and whether same-sex couples will be legally recognized.

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