A South Korean same-sex couple has filed a landmark human rights petition challenging workplace discrimination, spotlighting the widening gap between judicial precedent and workplace reality in one of Asia's most advanced democracies.
The National Human Rights Commission of Korea confirmed it received the petition in October 2025 and has completed its investigation, with a formal decision now pending. The case marks the first time a same-sex couple has challenged denial of marriage leave through the national human rights framework—a development that could affect thousands of couples across South Korean workplaces.
The 33-year-old petitioner requested five days of marriage leave before his wedding ceremony with his 36-year-old partner of two years. Following standard practice at his public institution employer, he submitted a wedding invitation as proof—the same documentation that heterosexual colleagues had successfully used to secure identical benefits.
The institution rejected the request, marked his absence as unauthorized leave, and deducted corresponding amounts from both his wages and performance bonus. In justifying the denial, the employer interpreted "marriage" according to South Korea's Civil Act, which recognizes marriage as "a union between a man and a woman."
"As a public institution, my workplace should have made its decision based on its employment rules, but the rules on marriage leave contain no provisions on gender or documents proving the legal validity of a marriage," the petitioner told the Korea Herald. "Approving other employees' leave based only on wedding invitations, while refusing to approve mine, is clear discrimination."
The case arrives at a critical juncture in South Korean LGBTQ rights. While marriage equality remains unrecognized, the Supreme Court delivered a groundbreaking 2024 ruling that same-sex partners must be recognized as dependents under the National Health Insurance Service. That decision explicitly found that treating same-sex partners differently from heterosexual partners in social security programs .


