Marriage Equality in South Korea: The Fight for Legal Recognition

Eighty-six same-sex couples had their marriage registrations rejected by municipal offices over the last five years, according to lawyer Park Han-hee of the public interest human rights law group “Hope to Make Law.” While registrations are consistently increasing nationwide, all such applications were denied on the grounds that same-sex marriage is not recognized under current law.

Why are same-sex marriage registrations being rejected?

Local government offices reject these applications because same-sex marriage lacks legal recognition. According to Park, couples previously faced outright refusal or long processing delays before a system change in 2022.

The 2022 update introduced the “Marriage Registration Non-acceptance Certificate.” However, Park reports that some officials still refuse applications or demand unnecessary procedures because they are unaware of the updated system.

Did You Know? Since 2022, some same-sex couples in Korea can receive a “Marriage Registration Non-acceptance Certificate” as official proof that their application was filed but rejected.

How has the court’s view on same-sex partnerships evolved?

Legal interpretations have shifted significantly over the last two decades. In 2004, the Incheon District Court rejected a claim for property division and alimony from a couple that had cohabited for 20 years. The court ruled at the time that such a relationship could not be viewed as a marriage or be accepted within the social concept of family order.

South Korean Parents Back Daughter’s Same Sex Marriage in Landmark Court Case

By contrast, the Seoul Central District Court recently ruled in favor of a plaintiff in a damages suit against a third party who caused the breakdown of a same-sex relationship. While the court still did not recognize the relationship as a “common-law marriage,” it ruled that a “life community similar to a common-law marriage” deserves legal protection.

The court stated that recognizing these communities as legally protected interests does not harm the traditional meaning of marriage, the family system, legal stability, or the rights of third parties.

Expert Insight: Samantha Carter notes that the transition from the 2004 “family order” rejection to the recent “protected interest” ruling suggests a legal pivot. By decoupling “protection” from the strict definition of “marriage,” courts may be creating a parallel legal framework for domestic partnerships.

What legal protections currently exist for same-sex couples?

Some rights have been recognized through specific court challenges. In 2024, the Supreme Court recognized the status of a same-sex partner as a dependent for national health insurance purposes.

Park notes that these advancements often occur because couples file lawsuits during times of crisis, such as bereavement or separation, to address the social problems caused by legal exclusion.

What happens next for marriage equality lawsuits?

Legal challenges are ongoing. On the 10th of the month, the Ulsan Family Court held a hearing for a marriage equality lawsuit. During the session, the plaintiff requested the equal right to a life of mutual care and a shared future.

Future rulings could potentially further clarify the distinction between a “common-law marriage” and a “life community similar to a common-law marriage.” Depending on court decisions, the state may be pressured to provide more comprehensive legal guarantees for same-sex couples.

Frequently Asked Questions

How many same-sex marriage applications were rejected recently?
According to lawyer Park Han-hee, 86 couples had their registrations rejected over a five-year period.

What is the difference between the 2004 and recent court rulings?
The 2004 Incheon District Court ruling rejected same-sex common-law marriage based on “family order.” A recent Seoul Central District Court ruling recognized a “life community similar to a common-law marriage” as a legally protected interest.

Has the Supreme Court granted any rights to same-sex partners?
Yes, in 2024, the Supreme Court recognized the status of a same-sex partner as a dependent for national health insurance.

Do you believe legal protections for “life communities” are a sufficient alternative to full marriage equality?