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The Constitutional Court of South Korea ruled on Thursday concerning the constitutionality of several key provisions related to the nation’s greenhouse gas (GHG) reduction targets, impacting the future of the country’s climate policy. It mandated that the government develop concrete plans for emission reductions through 2049, addressing climate campaigners’ concerns that current measures violate their rights.
The Constitutional Court’s ruling came in response to four climate litigation cases that trace back to March 2020, when Youth 4 Climate Action, a group leading the Korean arm of the global school climate strike movement, initiated the first lawsuit. They argued that the government’s insufficient GHG reduction targets infringed upon citizens’ fundamental rights, particularly those of future generations. Following this, three additional lawsuits were consolidated, increasing the number of plaintiffs to 255, including many young individuals who were children or teenagers.
The Constitutional Court found that Article 8, Section 1 of the Carbon Neutrality Framework Act, which sets a 35 percent reduction target from 2018 levels by 2030, does not align with constitutional requirements. Although the 2030 reduction target itself was deemed acceptable, the absence of specific targets for 2031 to 2049 was seen as a failure to protect against future climate risks adequately. The Constitutional Court emphasized that the principle of prohibition of excessively deficient protection requires the state to take appropriate and effective measures to protect the fundamental rights of its citizens.
In this case, the omission was deemed a violation of the prohibition of insufficient protection and the principle of statutory reservation. The Constitutional Court has ordered that Article 8 remain in effect until it is revised by February 28, 2026, to ensure that the current climate policies are not undermined.
Moreover, The Constitutional Court upheld Article 3 of the Enforcement Decree, which specifies a 40% reduction target for 2030, stating that it does not infringe upon constitutional rights, affirming the government’s short-term climate goals while highlighting the need for comprehensive long-term planning. The Constitutional Court reviewed the sectoral and annual GHG reduction targets outlined in the First National Plan for Carbon Neutrality and Green Growth. While there were differing opinions among justices, the majority agreed that these targets did not significantly violate environmental rights. Further, Complaints regarding the former Green Growth Act and its enforcement decree were dismissed as no longer relevant, given their supersession by newer legislation.
The ruling was met with cheers and emotional responses from plaintiffs and activists, who chanted, “The verdict is not the end, but the beginning.” They hope it will drive substantial changes in South Korea’s climate policies and inspire global action.
Activists and lawyers celebrated the ruling, viewing it as a crucial step toward more effective climate action. expressing optimism that the decision will inspire similar legal challenges across Asia and beyond.
Han Je-ah, one of the youngest plaintiffs at 12 years old, expressed her emotional response to the ruling, describing it as “joyful and satisfying like a wish coming true.” She emphasized the urgency of addressing the climate crisis, stating, “The climate crisis is not a future problem, but a reality that everyone is experiencing now. I hope this ruling will bring bigger changes so that children like me don’t have to file constitutional complaints in the future.”
This decision followed two public hearings in April and May, involving input from civic groups, scholars, and government representatives.
South Korea is aiming for carbon neutrality by 2050. Following the court’s decision, the government and National Assembly are tasked with strengthening climate policies before the February 2026 deadline to align with the Constitutional Court’s ruling.