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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 recognizes neither same-sex marriage nor any other form of legal union for same-sex couples.

Legislation

In October 2014, a bill to legalize life partnerships was proposed by members of the Minjoo Party of Korea. Life partnerships would be open to both opposite-sex and same-sex couples. A couple will be able to receive tax benefits already given to married spouses as well as protection from domestic violence, in addition to other benefits.[1]

In July 2015, Kim Jho Kwang-soo and his partner, Kim Seung-Hwan, filed a lawsuit seeking legal status for their marriage after their marriage registration form was rejected by the local authorities in Seoul. The couple held a wedding ceremony in September 2013.[2] On 25 May 2016, a South Korean district court ruled against the couple and argued that without clear legislation a same-sex union can not be recognized as a marriage.[3] The couple quickly filed an appeal against the district court ruling. Their lawyer, Ryu Min-Hee, announced that two more same-sex couples had filed separate lawsuits in order to be allowed to wed.[4]

I don't know why we have to be pushed to the side just because we are the same sex.[citation needed]

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

Political opinions

Support

The Democratic Labour Party (Korean: 민주노동당), established in January 2000, is the third-largest political party in South Korea and has a political panel known as the Sexual Minorities Committee (Korean: 민주노동당 성소수자위원회) which advocates the recognition and political representation of sexual minorities. Their stated agenda includes 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")[5] as well as the legalization of same-sex marriages.[5] On its campaign bid for the 2004 parliamentary elections, the Democratic Labour Party promised the abolition of all inequalities against sexual minorities and won a record 10 seats in the Kukhoe National Assembly.

On July 30, 2004, the Committee filed a formal complaint against the Incheon District Court's decision to refuse the recognition of same-sex marriages. The complaint was filed on the grounds that the decision is unconstitutional since neither the Constitution nor civil law define marriage as being between a man and a woman (the only mentioned requisite is age of majority) and that the Constitution explicitly forbids 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 constitutes discrimination based on sexual orientation and a refusal to provide equal protection under the law.[6]

In an interview held in September 2014 and later published in October, Mayor of Seoul Park Won-soon announced his support of same-sex marriage,[7] saying he hopes South Korea becomes the first nation in Asia to legalize same-sex marriage. A few days later, the City Government announced his words were misinterpreted and that Park's words were that maybe South Korea would become the first country in Asia to legalize same-sex marriage. This came after backlash as well as fierce hostility from the Catholic Church.[8]

Opposition

On December 19, 2007, Lee Myung-bak of the conservative Grand National Party won the presidential election. In a 2007 newspaper interview, the president-elect stated that homosexuality is "abnormal", and that he opposed legal recognition of same-sex marriages.[9]

Public opinion

A May 2013 Ipsos poll found that 26% of respondents were in favour of same-sex marriage and another 31% supported other form of recognition for same-sex couples.[10]

A matchmaking website asked 616 people between 25 July to 1 August 2015 about their views on same-sex marriage. Nearly 70% of female respondents agreed that same-sex marriage is acceptable while 50.2% 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 (67.5%), 13.6% said sexual orientation was determined by nature and 12% said it would help end discrimination.[11][12]

See also

LGBT rights in South Korea

References

  1. ^ Template:Ko icon 연애 말고, 결혼 말고, 동반자!
  2. ^ Avery, Dan (26 May 2016). "South Korean Courts Rejects Same-Sex Marriage". NextNowNext.
  3. ^ "South Korean court rejects film director's same-sex marriage case". The Guardian. 25 May 2016.
  4. ^ Duffy, Nick (26 May 2016). "South Korea set for more court battles over same-sex marriage ban". Pink News.
  5. ^ a b Template:Ko icon 한국정당사 첫 동성애 공식기구 떴다 : 정치 : 인터넷한겨레
  6. ^ 블로그 :: 네이버
  7. ^ "Seoul mayor Park Won-soon endorses same-sex marriage in first for South Korean politics". The Independent. 13 October 2014.
  8. ^ "Seoul mayor backtracks on gay marriage". Gay Star News. 20 October 2014.
  9. ^ South Korea: Right Wing Leader Condemns Homosexuality
  10. ^ "Same-Sex Marriage". Ipsos. 7–21 May 2013.
  11. ^ "South Korea women overwhelmingly support gay marriage, men not so much". Gay Star News. 6 August 2015.
  12. ^ Unmarried Korean women overwhelmingly in support of same-sex marriage, 50% of unmarried men against
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