The unanimous Constitutional Court's decision rules Article 8.1 of South Korea's carbon neutrality law as unconstitutional for violating citizen's rights, the first ruling of its kind in Asia
South Korean government’s implementation of the ruling will be critical for correcting the GHG reduction pathway and fulfilling its role to safeguard the rights of citizens
August 29, 2024 (SEOUL) — Citizens gathered outside South Korea’s Constitutional Court in Seoul to hear the long-anticipated outcome of Asia’s first climate court case targeting a country’s carbon neutrality commitments.
It’s taken four years and five months for South Korea’s Constitutional Court to deliberate on the initial petition filed by 19 youths in March 2020. Since then, the initial case was combined with three others holding the Korean government accountable for climate inaction, with hearings held between April and May this year. The plaintiffs include over 60 children, including the world’s youngest plaintiff, a 20-week-old embryo nicknamed ‘Woodpecker’.
Three months after the final public hearing on May 21st the verdict is out – with Article 8.1 of South Korea's Carbon Neutrality Act unanimously found unconstitutional for violating citizen's basic rights for not setting any targets from 2031 to 2049.
Implications for South Korea
The South Korean government’s action in implementing the ruling will be critical for correcting the GHG reduction pathway that risks falling short of climate targets. Speed and alignment between state actors will be vital. The Korean government will be tasked with amending the law to set reduction targets for 2031-2049 by February 28, 2026.
The decision also signals a change for South Korea’s energy transition and industrial decarbonization. The status quo, where coal power still accounts for 30% of the country's electricity mix and oil field developments remain on the government agenda, must be revised. Fossil-fuel phase-out, both in the country’s energy systems and key emissions-intensive industries such as steelmaking, must be accelerated and coupled with significant investment in renewable energy and green hydrogen. The role of businesses will also be key in supporting this transition, which could help secure significant emissions reductions at a national level while also increasing South Korea’s economic competitiveness in the global net-zero economy.
"The fact that coal power still accounts for 30% of South Korea's electricity mix and we are seeing expansion in other fossil fuels, such as oil and gas, calls for urgent action. To safeguard the rights of citizens and maintain economic competitiveness amidst global decarbonization trends, we must see a revolutionary transformation of high-emitting industrial sectors, including steel, and accelerate the energy transition”, said Joojin Kim, CEO at Solutions for Our Climate (SFOC).
"As we await the Korean government's reaction to the court ruling, urgent and timely action from key policy and corporate stakeholders should remain a priority for policy revisions and implementation plans”, Kim added.
Global and regional implications
At the 2015 Paris Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC), 195 countries, including South Korea, made a legally binding pledge to limit temperature rise to well below 1.5 degrees Celsius above pre-industrial levels, and set out voluntary reduction plans. Last year, for the first time, progress was reviewed through the global stocktake, and it was found that the overall trajectory was 23.9 gigatons (Gt CO2 eq.) short of the required reductions to keep on track to achieve the goal.
With extreme weather events and rising temperatures approaching the apocalyptic “tipping point” of irreversible change warned by the Intergovernmental Panel on Climate Change (IPCC), citizens are facing an urgent call to action to secure environmental and human rights for future generations.
Climate litigation is increasingly in the global spotlight as a way of holding governments accountable for climate inaction and failure to protect citizen’s rights. There have been several landmark cases, such as the Urgenda case in the Netherlands. Following an eight-year legal battle, 2,000 elderly Swiss women secured a victory at the European Court of Human Rights (ECHR) calling out Switzerland’s failures on climate as a human rights violation. While the Swiss state has raised questions on ECHR’s ruling, this case remains a critical milestone linking climate inaction with the violation of Article 8 of the European Convention on Human Rights.
Yet while numerous cases have emerged in Europe, South Korea’s Constitutional Court's decision to recognize human rights violations linked to climate inaction is the first of its kind in Asia. Following today’s victory, lawsuits in Asia will now be influenced by this ruling, which sets a precedent for climate lawsuits in the region.
Photos from the press conference can be accessed here (Image credit: SFOC).
ENDS.
Solutions for Our Climate (SFOC) is an independent nonprofit organization that works to accelerate global greenhouse gas emissions reduction and energy transition. SFOC leverages research, litigation, community organizing, and strategic communications to deliver practical climate solutions and build movements for change.
For media inquiries, please reach out to Kate Kalinova, Communications Officer, at kate.kalinova@forourclimate.org.
Share this insights