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Recognition of same-sex unions in South Korea

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Part of the LGBT 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.
LGBTQ portal

South Korea does not recognize same-sex marriage, civil unions or any other form of legal union for same-sex couples.

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, Phillip 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."[1][2]

In February 2020, a man in a same-sex relationship 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.[3] 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."[4] The appellate 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.[5][6] The National Health Insurance Service has announced it will appeal the ruling to the Supreme Court.[7][8]

Civil partnerships

In October 2014, a bill to legalize life partnerships was proposed by some members of the Democratic Party of Korea. Life partnerships (Korean: 생활동반자관계, pronounced [sɛŋ.βʷaɭ.toŋ.ban.dʑa.kwan.gje])[9] would have been open to both opposite-sex and same-sex couples, and offered some of the rights and benefits of marriage, such as tax benefits, protection from domestic violence, etc.[10] 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, which is 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.[11] Human Rights Watch urged the government to recognise same-sex domestic partnerships.[12]

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.[13]

Same-sex marriage

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

On July 30, 2004, the Sexual Minorities Committee filed a formal complaint with the Incheon District Court against the government's refusal to recognize same-sex marriages. The complaint was filed on the grounds that the decision was unconstitutional since neither the Constitution of South Korea nor civil law defined marriage as being between a man and a woman (the only mentioned requisite was the age of majority) and that the Constitution explicitly prohibited discrimination "pertaining to all political, economic, social, or cultural aspects of life of an individual". The Committee also claimed that refusal to recognize same-sex marriages constituted discrimination based on sexual orientation and a refusal to provide equal protection under the law.[14] The complaint was ultimately rejected.

In July 2015, Kim-Jho Gwangsoo and his partner Kim Seung-Hwan filed a lawsuit seeking legal status for their marriage, after their marriage registration form was rejected by local authorities in Seoul. The couple held a wedding ceremony in September 2013.[15] 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.[16] The couple quickly 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.[17] On 5 December 2016, an appellate court upheld the district court's ruling.[18]

In February 2019, the National Human Rights Commission of Korea rejected a petition filed by a British-South Korean same-sex couple who had married in the United Kingdom and sought to have their marriage 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.[19][20]

Legislative action

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.[21]

Political viewpoints

Film director Kim-Jho Gwangsoo, who is gay, had a public wedding on 7 September 2013.

Support

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"),[22] as well as the legalization of same-sex marriages.[22] 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.[23] 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,[24] 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.[25]

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.[26]

Opposition

The People Power Party is opposed to LGBT rights and same-sex marriage.[27] President Moon Jae-in of the Democratic Party of Korea, in office between 2017 and 2022, was opposed to same-sex marriage.[28]

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.[29]

Public opinion

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 refused to answer.[30] 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.[31]

The matchmaking website Duo asked 616 people between 25 July and 1 August 2015 for their views on same-sex marriage. 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.[32][33]

A 2017 Gallup Korea poll found that 58% of South Koreans opposed legalising same-sex marriage, while 34% supported and 8% were undecided.[34] 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.[35]

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%).[36] 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.[37]

A Pew Research Center poll conducted between February and May 2023 showed that 40% of South Koreans supported same-sex marriage, 59% were opposed and 1% did not know or refused to answer. When divided by age, support was highest among 18–39-year-olds at 58% and lowest among those aged 40 and above at 32%. When divided by political affiliation, support was highest among those on the left of the political spectrum at 57%, followed by those at the center at 44% and those on the right at 26%.[38]

See also

References

  1. ^ "New Zealand's gay ambassador to South Korea just made history by visiting Blue House with his husband". PinkNews. 26 October 2019.
  2. ^ "[단독] 주한 외교관 '동성배우자' 지위 인정한 청와대". 한국일보 (in Korean). 2019-10-21. Retrieved 2019-10-21.
  3. ^ Thoreson, Ryan (January 10, 2022). "South Korean Court Declines to Recognize Same-Sex Partners". Human Rights Watch.
  4. ^ "Same sex couple loses suit against state health insurer over spousal coverage". Yonhap News Agency. January 7, 2022.
  5. ^ "In a first, a South Korean court says same-sex partners should get government benefits". NPR. 21 February 2023.
  6. ^ "Narrow but Significant Win for LGBT Rights in South Korea". Voice of America. 23 February 2023.
  7. ^ "South Korean court grants legal status for same-sex couple in landmark ruling". Reuters. 21 February 2023.
  8. ^ Yoon, Lina (22 February 2023). "South Korea Court Recognizes Equal Benefits for Same-Sex Couple". Human Rights Watch.
  9. ^ (in Korean) 애인·친구와는 '법적 가족' 될 수 없을까요?
  10. ^ (in Korean) 연애 말고, 결혼 말고, 동반자!
  11. ^ Strother, Jason (1 February 2021). "Same-Sex Couples Excluded from South Korea's New Definition of Families". Voice of America.
  12. ^ Bergsten, Susanné (3 February 2021). "'Family' in South Korea Should Include Same-Sex Couples". Human Rights Watch.
  13. ^ Lee, Hae-rin (7 May 2023). "Proposed bill aims to embrace more diverse types of families". The Korea Times.
  14. ^ 블로그 :: 네이버
  15. ^ Avery, Dan (26 May 2016). "South Korean Courts Rejects Same-Sex Marriage". NextNowNext.
  16. ^ "South Korean court rejects film director's same-sex marriage case". The Guardian. 25 May 2016.
  17. ^ Duffy, Nick (26 May 2016). "South Korea set for more court battles over same-sex marriage ban". Pink News.
  18. ^ Yonhap News Agency (December 6, 2016). "S. Korean court rejects gay couple's appeal over same-sex marriage". Seoul.
  19. ^ Glauert, Rik (1 March 2019). "South Korea rights body claims it does not 'deny' same-sex marriage". Gay Star News.
  20. ^ So-hyun, Kim (27 February 2019). "Rights panel says kt doesn't "deny" same-sex marriage". The Kore Herald.
  21. ^ Rashid, Raphael (31 May 2023). "South Korea's first ever same-sex marriage bill goes to parliament". The Guardian.
  22. ^ a b (in Korean) 한국정당사 첫 동성애 공식기구 떴다 : 정치 : 인터넷한겨레
  23. ^ Ji-won, Park (6 August 2019). "Will LGBTQ issue become visible in 2020 general election?". The Korea Times.
  24. ^ "Seoul mayor Park Won-soon endorses same-sex marriage in first for South Korean politics". The Independent. 13 October 2014.
  25. ^ "Seoul mayor backtracks on gay marriage". Gay Star News. 20 October 2014. Archived from the original on May 6, 2016.
  26. ^ Steger, Isabella (27 April 2017). "Being a progressive politician in Korea doesn't stop you from being homophobic". Quartz. Retrieved 7 October 2017.
  27. ^ McCurry, Justin (4 May 2017). "South Korea must end gay soldier 'witch-hunt', campaigners say". The Guardian. Seoul.
  28. ^ "South Korea's presidential hopeful Moon Jae In under fire over anti-gay comment". The Straits Times. 26 April 2017. Retrieved 7 October 2017.
  29. ^ South Korea: Right Wing Leader Condemns Homosexuality
  30. ^ "South Korea easing homophobic views on news of gay 'wedding'". NewsComAu. Retrieved 15 May 2016.
  31. ^ "Same-Sex Marriage". Ipsos. 7–21 May 2013. Archived from the original on 14 March 2016.
  32. ^ "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.
  33. ^ Unmarried Korean women overwhelmingly in support of same-sex marriage, 50% of unmarried men against
  34. ^ Tai, Crystal (17 September 2018). "Why is South Korea so intolerant of its gay community?". South China Morning Post.
  35. ^ "특집 여론조사…국민 59.7% "적폐청산 수사 계속해야"". MBC News. 26 Dec 2017.
  36. ^ Over the Rainbow: Public Attitude Toward LGBT in South Korea The Asian Institute for Policy Studies
  37. ^ "[2022 성소수자인식조사] 우리 사회는 성소수자를 받아들여야 할까?" (in Korean). 8 August 2022.
  38. ^ "How people in 24 countries view same-sex marriage". Pew Research Center. 13 June 2023.
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