SEOUL: A legal battle seeking recognition of same-sex marriage expanded into South Korea’s southeastern region on Wednesday (April 8), as couples in Daegu, Busan and Ulsan simultaneously filed lawsuits against local governments’ refusals to process their marriage registrations.
The move marks the first time such lawsuits have been filed outside the greater Seoul area, where similar cases began gaining traction in 2024.
Advocacy groups said the expansion reflects growing calls for equal treatment under Korea’s civil law, which does not explicitly ban same-sex marriage but has long been interpreted by administrative bodies as permitting marriage only between a man and a woman.
A same-sex couple in their 20s from Ulsan, identified by pseudonyms as shipyard worker Lee Hyun-jung and public servant Oh Seung-jae, submitted a petition to the Ulsan Family Court after the region's district office rejected their marriage registration last month.
The pair, who identify as being in a de facto marital relationship, filed an “objection to non-acceptance of marriage registration” after being told their registration was not permitted under “current law.”
According to advocacy groups, the couple completed a standard marriage registration with witnesses and supporting documents, and Oh has already been recognized as Lee’s common-law spouse for National Health Insurance purposes since September last year.
The groups argued during a press briefing in front of the Ulsan Family Court that local authorities have a legal obligation to accept the registration. The group called the rejection a violation of constitutional rights to marriage and equality, adding they plan to request a constitutional review of the Civil Code provisions used as grounds for the rejection.
A lesbian couple in Daegu also announced with LGBTQ+ rights groups that they had submitted an objection to the district office of Nam-gu, Daegu, for its refusal to accept their marriage registration.
The couple’s attempt to register on Jan. 31 was denied on the grounds that “same-sex marriage cannot be accepted under Article 36 of the Constitution and Articles 812 and 826 of the Civil Code.”
Advocates say the lawsuits are not only about formal recognition of same-sex marriage but also about addressing practical inequalities.
South Korea grants extensive benefits to married heterosexual couples, including tax deductions, housing programs, parental leave, family allowances and spousal health insurance coverage. Same-sex couples, excluded from the legal definition of family, remain ineligible for these protections.
“Legalising same-sex marriage does not dismantle the existing family system. It expands it,” said Bae Jin-gyo, head of the Rainbow Human Rights Coalition.
Article 812 of the Civil Code states that “marriage takes effect upon registration,” but administrative offices interpret marriage as heterosexual by default and therefore decline same-sex registrations. If a family court dismisses the appeal, couples may pursue a constitutional complaint.
As of late 2024, 11 same-sex couples in Seoul and surrounding regions had filed similar challenges. Nine of those were dismissed or rejected, prompting constitutional petitions.
With the new cases in Daegu, Ulsan and Busan, at least 14 same-sex couples nationwide have lodged formal objections after their marriage registration attempts were rejected. - The Korea Herald/ANN
