A Look Back at South Korea's First Winnings in the Climate Court After a Year

In a historic ruling, the Constitutional Court of Korea marked a significant milestone in the global fight against climate change by declaring that South Korea's measures to combat climate change are insufficient for protecting the rights of its citizens. This marks the first climate court victory against a national climate target outside of Europe.

The lawsuit was filed by the South Korean organization, Environmental Justice (환경운동연합), in 2019, over insufficient climate protection measures. The Korean Youth Climate Litigation, as it came to be known, was funded by readers like you, supporting a non-profit newsroom that provides climate coverage free of charge and advertising.

Sejong Youn, a lawyer who led the case, was approached by a group of young climate activists from Youth 4 Climate Action in August 2019. Inspired by climate litigation cases around the world, Youth 4 Climate Action began considering suing the government, an idea initially rejected by many lawyers. However, Sejong Youn, despite no relevant legal precedents, agreed to submit a constitutional complaint on climate change to the Constitutional Court of Korea on behalf of 19 activists.

For over three years, Sejong Youn and his team spent meticulously gathering evidence and preparing court submissions for the case. The Youth 4 Climate Action activists kept attention on the case through media events, demonstrations, school strikes, movie screenings, online campaigns, and climate strikes.

The court rejected the plaintiffs' claim that South Korea's 2030 emissions reduction goal was insufficient, as there is no universally accepted method for allocating global climate efforts to individual countries. However, it found that the absence of legally binding targets to cut greenhouse gas emissions between 2031 and 2049 means the government cannot guarantee the protection of future generations, a constitutional right.

The court gave the government until February 2026 to set firm carbon-reduction targets for 2031 and beyond. At the time of filing, South Korea's greenhouse gas emissions reduction target was a 30% reduction by 2030.

Sejong Youn believes that fighting climate change requires a response beyond the courts, involving the movement, politicians, corporates, and consumers. He argues that litigation alone will not solve the climate crisis, but it is a tool that can reinforce climate litigation globally.

The impact of the ruling extends beyond South Korea, with lawsuits filed in Taiwan and Japan. Hyunjung Yoon, a 15-year-old activist, joined the Youth Climate Litigation as a plaintiff, motivated by the need to connect with others sharing her concerns about the climate crisis.

The Korean Youth Climate Litigation ruling is one of the successful cases, opening the door for two subsequent cases in South Korea. As of the end of 2024, just over 40% of decided framework cases seeking more ambition or implementation of climate laws have been successful before the courts. This victory serves as a beacon of hope for climate activists worldwide, underscoring the potential of the judicial system in driving climate action.