A Korean court has ruled that a same-sex union is “a domestic partnership analogous to de facto marriage” and entitled to legal protection.
A lower court had rejected a damages lawsuit filed by the plaintiff, who had been in a committed same-sex union with another woman, against a third party accused of having an affair with the plaintiff’s partner, resulting in the breakdown of their union. But on appeal, Judge Kim So-yeong of the Seoul Central District Court overturned the lower court’s decision and partly found in favor of the plaintiff, ordering that she be paid 10 million won (US$6,500) in damages.
In its ruling on June 5, the court described the relationship between the plaintiff and her former partner as follows: “Their relationship was not just a romantic pairing, but a psychological, physical, and financial union with both sides committed to getting married. Thus, we can recognize that the two formed a domestic partnership analogous to de facto marriage.”
“A domestic partnership analogous to de facto marriage that has formed between two individuals of the same sex should be regarded as an interest that merits protection under the law,” the court said.
https://english.hani.co.kr/arti/english_edition/e_national/1263006.html
Posted by icaruswalks
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Just in time for pride this weekend 🏳️🌈
> The court held that “prior judgments and rulings have unequivocally been premised on the view that neither a legal marriage nor a de facto marital relationship may be established between same-sex partners.” Nevertheless, it further observed that “the issue of recognizing the formation of a legal marriage or de facto marital relationship between same-sex partners is distinct from the issue of recognizing a same-sex domestic partnership analogous to a de facto marital union and determining whether the interests arising from such a relationship merit legal protection. These are matters that should be considered in different legal contexts.”
Well, it’s a start nonetheless
This is great, but can someone eli5 exactly what happened? The plaintiff sued the affair person for cheating with her partner, instead of suing her own partner for cheating?
I don’t understand why the third party has to pay for damages (if I read it correctly), shouldn’t it be the ex that has to pay for the damages?
Honestly its an amazing law that a homewrecker can be taken to court.