On Thursday, South Korea’s highest court declared that the country’s climate change legislation fails to safeguard fundamental human rights and lacks provisions to protect future generations from environmental harm. This landmark decision follows accusations from activists who have criticized the government for its insufficient climate action.
Since 2020, around 200 petitioners, including young climate activists and infants, have challenged the constitutional court, claiming that the government’s inadequate response to climate change infringes upon citizens’ rights. The court has directed lawmakers to amend the carbon neutrality law by the end of February 2026, recognizing that the current emission targets do not meet constitutional standards for protecting basic rights or ensuring future generations are shielded from climate-related crises.
This ruling is seen as a pioneering move in Asia, with climate advocacy groups highlighting its significance as the first high court decision on government climate action in the region. Similar cases are ongoing in Taiwan and Japan. In April, Europe’s top human rights court had previously ruled that the Swiss government violated citizens’ rights by failing to adequately address climate change.
The verdict was met with jubilation from the plaintiffs, activists, and their legal representatives, who celebrated with chants of “The verdict is not the end, but the beginning.” Han Je-ah, a 12-year-old plaintiff, expressed hope that the ruling would inspire substantial changes to prevent future generations from having to file similar constitutional appeals. “The climate crisis is deeply affecting our lives, and we cannot afford to delay action,” she told reporters.
Kim Young-hee, a lawyer for the plaintiffs, described the verdict as a pivotal moment for societal efforts to reduce greenhouse gas emissions. The court noted that South Korea’s carbon neutrality act, originally enacted in 2010 and revised to set emission targets for 2030 and a carbon neutrality goal for 2050, fails to specify quantitative reduction targets for the period from 2031 to 2049.
The court criticized the law for lacking a mechanism to ensure steady and gradual reductions up to 2050, thereby imposing an undue burden on future generations. “The absence of effective targets means the law is setting unrealistic expectations that future generations will struggle to meet,” the court said in its statement.
The South Korean Ministry of Environment has pledged to respect the court’s decision and implement necessary changes. Koh Moon-hyun, a law professor at Soongsil University, suggested that this ruling might influence other countries and help South Korea shed its reputation as a climate laggard. “The court’s decision likely reflects an awareness of European rulings and could prompt significant changes in South Korea’s climate policy,” he noted.
With global temperatures projected to rise beyond 1.5 degrees Celsius (2.7 degrees Fahrenheit) above pre-industrial levels, scientists warn of severe and irreversible impacts, including melting ice sheets and disruption of ocean currents. Despite South Korea’s goal of achieving carbon neutrality by 2050, the country remains the second-largest coal emitter among G20 nations, trailing only Australia, and has been slow to adopt renewable energy sources. Last year, South Korea lowered its 2030 greenhouse gas reduction targets for the industrial sector but maintained its national goal of a 40% reduction from 2018 levels.