Last month, South Korea’s Constitutional Court held that the country’s current climate measures were insufficient for safeguarding citizens’ rights, particularly those of younger generations, who will bear the brunt of the effects of climate change. The ruling is the first of its kind in Asia, and could set a powerful example for the rest of the region.
The groundbreaking decision found that South Korea’s climate measures violate provisions in its constitution that grant citizens the rights to live in “a healthy and pleasant environment” and to “liberty and happiness of [theirs] and [their] posterity forever.” The National Assembly of the Republic of Korea is now required to amend the law and create year-by-year carbon-reduction targets for 2031 to 2049 by February 2026.
The ruling comes after four years of climate litigation lawsuits that comprised 255 plaintiffs, many of whom were minors when the cases were filed. The decision is a crucial acknowledgment that climate change will tangibly threaten the rights of young South Koreans. Yet, optimism for action is tempered by South Korea’s historically weak track record on climate legislation.
In 2021, the National Assembly passed the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Change, pledging significant greenhouse gas reduction by 2030 and total carbon neutrality by 2050. But progress has been sluggish. In the latest available data from 2023, only about 9 percent of South Korea’s electricity comes from renewable sources, far below the 34 percent average among Organization for Economic Cooperation and Development (OECD) countries.
Additionally, South Korea has not met carbon reduction benchmarks to reach its 2030 or 2050 goals, much less its obligations under the Paris Agreement. Movement on environmental legislation remains low, with numerous carbon reduction bills pending in the National Assembly. One such bill calls for the implementation of a carbon tax, a measure aimed at reducing emissions by an estimated 330 million tons of carbon dioxide equivalent between 2026 and 2030.
The Ministry of Environment has expressed support for the court’s decision and announced plans to respond with follow-up measures. Now, President Yoon Suk-yeol and the National Assembly should act decisively to honor the ruling. Bipartisan support for robust climate legislation to ensure carbon reductions is essential for South Korea to meet its carbon reduction goals and align its actions with its climate promises – or risk leaving its youth to face preventable environmental harms.
