South Korea’s Groundbreaking Climate Ruling: A New Dawn for Environmental Justice in Asia? 

South Korea Climate Ruling

Last month, South Korea’s Constitutional Court delivered a landmark ruling that has reverberated across the region and beyond. In a decision unprecedented in Asia, the court determined that the country’s current climate measures are inadequate for protecting citizens’ rights, particularly those of younger generations who will suffer the most from the consequences of climate change. This ruling not only challenges the South Korean government to revise its climate policies but also sets a potential precedent for climate justice across Asia. 

The court’s decision underscores a critical constitutional mandate: the right to live in “a healthy and pleasant environment” and to ensure the “liberty and happiness” of future generations. This declaration marks a pivotal moment, affirming that climate action is not merely a policy concern but a fundamental human right. The ruling has directed the National Assembly of the Republic of Korea to amend existing laws and establish annual carbon reduction targets from 2031 to 2049 by February 2026, pushing the government towards more aggressive climate action. 

The ruling comes on the heels of four years of rigorous climate litigation, driven by 255 plaintiffs, many of whom were minors at the time of filing. Their advocacy highlights a generational struggle against climate inertia, drawing attention to the specific vulnerabilities faced by younger South Koreans. This legal battle reflects a growing global trend where youth are increasingly at the forefront of demanding climate accountability from their governments. 

However, optimism surrounding this landmark decision is tempered by South Korea’s historically underwhelming climate track record. Despite the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Change, passed in 2021, promising significant greenhouse gas reductions by 2030 and achieving carbon neutrality by 2050, the country has made slow progress. As of 2023, only about 9 percent of South Korea’s electricity comes from renewable sources, starkly lagging behind the 34 percent average among OECD countries. This sluggish pace of progress raises concerns about the government’s commitment and effectiveness in meeting its climate goals. 

Moreover, South Korea has failed to meet its carbon reduction benchmarks for 2030 and 2050, and it has struggled to fulfill its obligations under the Paris Agreement. Legislative efforts have similarly faltered, with numerous carbon reduction bills, including a proposed carbon tax aimed at reducing emissions by an estimated 330 million tons of CO2 equivalent between 2026 and 2030, still pending in the National Assembly. The lack of movement on these critical issues reflects a broader challenge within South Korean politics, where climate action often takes a backseat to other pressing concerns. 

In response to the court’s ruling, the Ministry of Environment has expressed support and announced intentions to develop follow-up measures. This is a promising sign, but the real test lies in whether President Yoon Suk-yeol and the National Assembly will act decisively to implement robust climate legislation. Bipartisan support is crucial to advancing substantial climate policies that will not only meet South Korea’s carbon reduction goals but also align with international climate commitments. 

The Constitutional Court’s ruling could indeed serve as a beacon for other nations in Asia grappling with climate inaction. As the region faces increasingly severe climate impacts, the South Korean decision illustrates the potential of judicial intervention in enforcing climate justice. It signals to other governments that failing to address climate change adequately could result in legal and constitutional challenges, potentially driving more comprehensive climate policies. 


In conclusion, while South Korea’s ruling is a historic and hopeful step towards climate justice, the real challenge lies in translating judicial mandates into effective action. The international community will be watching closely to see whether South Korea can rise to the occasion, demonstrating that ambitious climate action is not only a legal obligation but a moral imperative. If South Korea can transform this landmark decision into tangible progress, it may very well inspire a wave of climate litigation and action across the region, fostering a more resilient and just future for all. 

Simi Garewal is a member of Global Affairs Writers’ Association. Her areas of interest are the cultural and economic developments of South Asia as well as the global trend of climate change

This article was originally published on Oped Column Syndication

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