Key NHRCK Activities
J. Recommendation
for institutional improvement to guarantee
gender minorities the right to form a family
On December 23, the Commission recommended to the Speaker of the National Assembly that
healthcare, and division of property; various forms of families and changes in how families are
perceived be recognized; and early deliberation and decision on the proposed partial amendment to
the Framework Act on Healthy Families be made to counter prejudices and discrimination against
gender minorities.
Part 1 Introduction
a law be legislated on basic functions gender minorities need to live their lives, including housing,
Regarding petitions (19-jinjeong-0871500 and one other combined) that same-sex couples are
violated their right to equality and other basic rights because no protection is available to them in
terms of housing, pension, healthcare, and tax benefits due to a lack of laws and institutions that
or legal amendments in the Civil Code, among others, and thus dismissed the petitions on the
ground that they are not within the realm of its investigation. However, it did recognize that the
current laws, which rest on the traditional concept of families, fails to protect the diverse forms of
living communities from discrimination. Also, in light of the movements towards legal protection
of various forms of living communities in certain countries, the Commission concluded that the
Korean legal system has not kept up with the reality and, as such, needs to be improved. Thus, it
Part 2 Key NHRCK Activities
protect same-sex couples in Korea, the Commission concluded that the matter requires legislation
made the above recommendations in accordance with Paragraph 1, Article 25 of the NHRCK Act.
and other potential issues with regards to their legal relations in case their spouse or partner pass
away.
In a 2014 Commission survey of discrimination based on sexual orientation or gender identity,
17% of homosexual or bisexual respondents said they had experienced discrimination due to a
legal vacuum. According to a survey conducted by the Korean Sexual Minority Culture & Right
Center in 2021, gender minorities feel a need for policies in housing (82.3%), income (71.5%),
and healthcare (57.1%). Also, in a family diversity survey by the Ministry of Gender Equality and
Family, 68.5% said families are relationships that share housing and livelihood. This is indication
that public perception of family diversity is more permissive, calling for a reevaluation of existing
family concept based on marriage.
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Part 3 Appendices
The petitions raised by 1,056 same-sex Korean couples living in Korea and abroad highlight the
substantial social security challenges faced by this group—housing and pension among others—