Remembering the victorious day of Asia’s first climate lawsuit win
insights 2024-09-12

Remembering the victorious day of Asia’s first climate lawsuit win

August 29, 2024: Climate litigation ruled “unconstitutional"

Jihyeon Ha Head of Power Market & Grid

Following the climate litigation victory in South Korea, the first of its kind in Asia, SFOC's Jihyeon Ha shares her experiences being in the courtroom on the day of the ruling and discussing the case with people in Korea and abroad. 

“… not in line with the constitution.” 

“(audience gasping in surprise)” 

How did we become a team? At the very moment of the climate litigation ruling, those in the courtroom gasped as one, resembling impassioned baseball fans supporting their club. While the level of excitement allowed was limited, simultaneous gasps resonated throughout the room. Right after the ruling, a young plaintiff burst into tears. As if part of a cliche movie, the bailiff came over to silence the plaintiff. Holding their breath, everyone’s hands moved to take note of the judges’ statement. 

 

‘We won.’ 

The ruling was the 30th-something order of that day; after waiting for over an hour and listening to the other cases that were dismissed within 5 minutes, I was dozing off waiting for the ruling Snapping out of the doze, I quickly notified my colleagues, who were waiting in the office, via the group chat - “We won!” But caution followed. “Wait a minute...” - it came to my mind that I could have been hearing things the way I wanted to. After all, I heard the ruling on-site, without any visuals. But the uncertainty was quickly lifted as, fortunately, an article titled “unconstitutional” was released quickly after the ruling.

[Breaking News] Asia’s first climate lawsuit victory!

Earlier this year, while the climate lawsuit public hearings were taking place in Korea during the spring, I was on a business trip overseas. There I met “L”, a foreign partner for our organization, who portrayed great passion for the Korean climate lawsuit, almost bursting with enthusiasm. He explained how thrilling it would be to win Asia’s first climate lawsuit and his words held more emotion than I, a Korean, would expect from fellow countrymen. After this encounter, I became fascinated by the significance of this lawsuit and the possibility of its success. Inspired and hopeful, after the summer was over, I found myself telling colleagues and friends that we could anticipate a good outcome.

“Look at the long term.” 

“C”, a Japanese human rights lawyer, appears at almost every climate-related event, from National Assembly gatherings in Yeouido to climate marches in the streets. We headed to the Constitutional Court together from the office. “C” is a smart guy who minimizes walking during transfers when taking the subway, which was a great advantage on such a hot day. Thanks to “C”, earlier this year I also met many Asian lawyers at an event in Nepal, which I attended by chance, and I realized anew that the global popularity of the K-drama "Crash Landing on You" and the dynamism of Korea are due to the well-established Constitutional Court and National Assembly audit structure.  

I also ran into my former colleague “J” in the courtroom, who had resigned to study in the UK. We were discussing this topic around the time of “J’s” resignation; since Korean society has changed drastically, I told “J” to finish their studies and return quickly all the time, which might have exhausted “J”. Back when I was a college student, frustrated with everything, my father told me, "Look at the long term." His advice often comes to my mind, whether it’s when watching candlelight vigils or at the office. At the entrance of the Constitutional Court, I saw young petitioners full of hope in their eyes, and others overwhelmed with emotion. Faced with the hopes of future generations in the room, I realized, "This is a world where people can do anything." 

I returned to the office and got swept up in the multitude of to-dos. But my heart was full after being present at such a historic moment, especially as someone working on climate issues. I shared my recollections with colleagues “H” and “D”, who were well-versed in the legal context of the case. While the initial breath-stopping moment of the ruling was behind me, I wanted to share this day with my colleagues and remind myself of the team that shared the day’s victory, in the courtroom and beyond.