법의 테두리 밖에서 피어난 ‘사실혼 유사 공동체’, 변화하는 가족의 정의를 묻다 > K-wave Trends

The core of this ruling is that the Seoul Central District Court defined same-sex couples as a ‘living community’ similar to a common-law marriage, not as a simple romantic relationship. The court considered that although they were not legally married, they were a de facto couple who had lived together for a long time, participated in family events, jointly managed economic assets, and had achieved mental and physical union. What is particularly noteworthy is that the court took a separate approach between the grand discourse of ‘whether same-sex marriage is established’ and the practical aspect of ‘legal protection of living communities’. This acknowledges that the legal marriage system was designed on the premise of heterosexual unions, but advances the forward-looking logic that its regulations cannot serve as a basis for completely excluding legal protection for the same-sex community. As a result, the court recognized third-party liability for damages for the breakdown of same-sex couples' relationships, thereby elevating their relationship to an interest worthy of legal protection.

This judicial decision is an extension of the Supreme Court’s 2024 precedent recognizing same-sex spouses’ eligibility for health insurance as dependents. The Supreme Court confirmed that discrimination based on sexual orientation was illegal at the time and established the legal principle that relationships that provide substantial support and function as an economic community should not be excluded from the social security system. By extending the legal principle to the private domain of damages lawsuits, this appellate court made it clear that same-sex couples' right to pursue happiness and equality are no longer abstract rights. Just as heterosexual couples in a common-law marriage can claim alimony for misconduct, it is fair to say that same-sex couples should also receive the same legal protection if they actually lived together. This suggests that our legal system is accepting changes in social concepts and bringing actual forms of life into the category of legal stability.

The changing concept of family is not limited to same-sex couples. The government is already attempting policy changes to redefine the definition of family under the Healthy Family Framework Act and include common-law marriages and unmarried cohabiting households as eligible for support. In fact, the expression ‘14 years of common-law marriage’ is used as an idiom as long-running couples in the entertainment industry break up and attract public attention. Our society is already moving in a direction that values ​​the actual duration and depth of shared life rather than whether or not a legal marriage is registered. Like the case of mid-career actors who have maintained a common-law relationship for 25 years and call each other ‘comrades,’ family is now being redefined by the values ​​of mutual trust and sharing of daily life rather than blood relations or registration on paper. These changes are a reality that is already deeply rooted in the daily lives of citizens, regardless of the religious community's concerns about maintaining traditional values.

Of course, conflict and tragedy still coexist in this process of change. As in the case of a man in his 70s who murdered his in-law with whom he was in a common-law relationship, misunderstandings and twisted obsessions surrounding the definition of relationships still remain a dark side of our society. The law faces the dual task of protecting the social safety net by imposing strict standards on these crimes, while also guaranteeing the legal right to maintain those relationships for those who share their daily lives in peace. How to set the scope of legal protection is not simply a matter of system, but is directly related to the issue of values: ‘What type of love and solidarity will our society recognize as the basic unit of the community?’ Ultimately, the key message left behind by this ruling is that the law must keep up with the pace of the times and evolve in a way that does not ignore the practical constraints of life.