A South Korean court has ruled that same-sex couples form a legally recognized living community, ordering a third party responsible for a relationship breakdown to pay damages.
According to Yonhap News on June 10, the Seoul Central District Court's Civil Appeal Division 3-2, led by Judges Kim So-young, Jang Chang-guk, and Moon Jong-cheol, partially upheld a lawsuit filed by a same-sex partner, referred to as A, against C, the former partner of A's ex-lover, B.
The court ordered C to pay A 10 million won (approximately $8,500) in damages, reversing an earlier ruling that had dismissed the case on the grounds that same-sex relationships were not legally protected.
The judges determined that A and B's relationship constituted a living community that extended beyond a mere romantic partnership. They noted that the couple was recognized by their families, attended family events together, and shared financial responsibilities, such as jointly paying for their apartment.
The court stated, "The two formed a de facto living community with mutual intentions of marriage, combining economically, physically, and emotionally."
While current laws do not recognize same-sex marriage or de facto relationships, the court concluded that this does not exclude the living community they formed from legal protection.
The judges emphasized that a living community established by same-sex couples, based on mutual intentions of marriage, is a right recognized under the constitutional right to pursue happiness. They asserted, "The necessity to protect the benefits arising from the formation of a living community cannot be denied."
The court also referenced a 2024 Supreme Court ruling that recognized health insurance eligibility for same-sex partners, stating that similar living communities also require legal protection.
As a result, the court acknowledged 10 million won of the 30 million won (approximately $25,500) in damages sought by A, holding C accountable for the relationship's breakdown.
The civil rights group All Marriage issued a statement praising the ruling, noting its significance in recognizing same-sex couples as living communities deserving of legal protection.
This ruling is noteworthy as it acknowledges the need for legal protection for de facto relationships among same-sex couples in a context where same-sex marriage is not recognized under current law.
* This article has been translated by AI.
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