Court recognizes same-sex union as 'de facto marital community,' awards damages

A South Korean court has recognized a same-sex relationship as a "de facto marital community," similar to common-law marriage, and affirmed that such unions are legally protectable. In a landmark ruling, the Seoul Central District Court overturned a lower court's decision and ordered a third party to pay 10 million won (approximately $7,200) in damages for causing the relationship's breakdown.

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It is reasonable to consider that a de facto marital community formed between same-sex individuals should also be protected as an interest worthy of legal protection.

The case involved a lesbian couple who began dating in May 2018 and lived together from November 2019. Although they did not legally marry, their relationship was acknowledged by both families, and they jointly managed finances, including saving for a pre-sale apartment. The relationship ended when one partner began an affair with the defendant in June 2024 and subsequently ended the relationship.

The court stated that the couple's relationship went beyond mere dating, recognizing their mutual intent to marry and their formation of a "de facto marital community" characterized by emotional, physical, and economic interdependence. "It is reasonable to consider that a de facto marital community formed between same-sex individuals should also be protected as an interest worthy of legal protection," the court ruled.

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The defendant could have sufficiently recognized that the relationship between the plaintiff and [the partner] could break down due to their relationship.

The court found the defendant liable, reasoning that they could have reasonably foreseen that their relationship with one partner could lead to the breakdown of the couple's union. This ruling is significant as it applies the legal reasoning from the Supreme Court's 2024 decision, which recognized same-sex partners as eligible for health insurance survivor benefits, deeming the exclusion discriminatory based on sexual orientation.

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This appellate ruling is an extension of the 2024 Supreme Court ruling that recognized same-sex partners' status as health insurance dependents.

While acknowledging that existing laws on marriage are based on heterosexual unions, the court differentiated between the legal recognition of marriage and the protection of same-sex cohabitation. "The provisions concerning marriage in the Constitution and Civil Code are premised on heterosexual unions... however, this does not mean that legal protection for de facto marital communities between same-sex individuals is entirely excluded," the ruling stated. Activists hailed the decision as a step forward but reiterated calls for legislative action to ensure equal marriage rights.

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Protection confirmed in the area of social security has been confirmed again in the area of private relationship protection.