By Park Hye-won, The Herald Business
A South Korean court has ruled that same-sex couples who form a de facto marital union are entitled to legal protection.
According to legal sources Wednesday, the Seoul Central District Court's Civil Appeals Division 3-2 — presided over by judges Kim So-young, Jang Chang-guk and Moon Jong-cheol — ruled June 5 in favor of the plaintiff in a damages suit filed by A against former same-sex partner B. The two had separated after B had an affair.
The panel overturned a lower court ruling that had found the relationship did not warrant legal protection, ordering B, who was found responsible for the breakdown of the relationship, to pay A 10 million won (approximately $6,590) in damages.
The court found that the two had shared more than a simple romantic relationship, describing it as "a de facto quasi-marital community of life in which both parties held a mutual intention to marry and were united physically, mentally and financially." The panel cited the fact that both sides had their relationship recognized by each other's families, participated in family events together, and formed a shared financial household.
The ruling held that a community of life equivalent to a de facto marriage carries legal value worthy of protection.
"A community of life formed by a same-sex couple who hold a mutual intention to marry and are united physically, mentally and financially is a right naturally recognized under the constitutional right to pursue happiness," the court said. "The minimum necessity of protecting the interests arising from the formation of such a community of life cannot be denied."
klee@heraldcorp.com
