South Korea’s Climate Law Overturned: Landmark Ruling for Future Generations Shocks the Nation!

Landmark Constitutional Court Ruling

South Korea’s highest court has delivered a groundbreaking verdict, declaring parts of the national climate law as unconstitutional. This ruling is seen as a major victory for climate activists who have been fighting for stronger legal protections for future generations.

The court’s decision highlighted the absence of legally binding greenhouse gas reduction targets for the years 2031-2049. This, according to the court, infringes on the constitutional rights of future generations.

The ruling mandates the National Assembly and the government to amend the existing law by February 28, 2026, to incorporate these long-term targets.

This decision sets a significant precedent for future climate-related legal actions in South Korea and possibly other regions.

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A Mirrored Struggle: Lessons from Germany

The South Korean decision echoes a similar ruling by Germany’s federal constitutional court in 2021. That court found Germany’s climate law insufficient in addressing emissions reductions beyond 2030, potentially impinging on future freedoms.

This parallel in legal reasoning underscores a growing recognition of the need for comprehensive climate targets. Activists have long argued that short-term goals are inadequate for ensuring the protection of future generations.

In South Korea, the climate litigation journey began in March 2020 with Youth 4 Climate Action. This group filed the first lawsuit, highlighting the inadequacy of the government’s greenhouse gas reduction targets.

Key points from the German case include:

• Insufficient long-term emission targets
• Potential infringement on future rights
• Mandate for legislative amendment

Voices of the Youth: A Collective Effort

The plaintiffs in the South Korean case ranged widely in age, from unborn children to young adults, emphasizing the far-reaching impact of today’s climate policies on future generations.

Kim Seo-gyeong from Youth 4 Climate Action expressed that the court’s decision is seen as the beginning of a renewed push for more ambitious climate action. He stressed the importance of reducing risks and building safety nets to sustain life and society.

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Jeah Han, a 12-year-old plaintiff, shared her joy over the ruling, viewing it as a wish come true. She hopes this decision will inspire more people to join the fight for a better future amid the climate crisis.

Despite the victory, the plaintiffs expressed some disappointment over parts of the ruling. However, they acknowledged the ruling as a meaningful step forward in protecting rights beyond the climate crisis.

Broader Implications: A Ripple Effect

The court’s decision rejected claims that the government’s 2030 target to reduce greenhouse gas emissions by 40% from 2018 levels violated constitutional rights. The court deemed this near-term goal as sufficient.

Sejong Youn, the solicitor representing the plaintiffs, emphasized that the core reason for the unconstitutionality was the lack of consideration for the rights of future generations in the reduction targets.

Youn highlighted the necessity for a new greenhouse gas reduction pathway that addresses this unconstitutionality within the timeframe set by the court.

This historic ruling is expected to influence climate litigation and policy in other Asian countries, such as Japan and Taiwan, where similar legal battles are ongoing. The decision underscores the global significance of protecting the rights of future generations.

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