SEOUL – In a landmark decision, South Korea’s top court ruled on Thursday that the nation’s climate change law does not adequately protect basic human rights and lacks sufficient measures to safeguard future generations. This decision comes after activists accused the government of failing to address climate change effectively.
Since 2020, about 200 plaintiffs, including young climate activists and even infants, have petitioned the constitutional court, arguing that the government was infringing on citizens’ human rights by not taking sufficient action on climate change. The court has now called on the legislature to revise the carbon neutrality act by the end of February 2026, stating that the current emission targets are unconstitutional as they fail to uphold the duty to protect basic rights and do not adequately shield future generations from the climate crisis.
Climate advocacy groups noted that this is the first high court ruling on government climate action in Asia, potentially setting a precedent for similar lawsuits in Taiwan and Japan. Earlier this year, Europe’s top human rights court found the Swiss government in violation of citizens’ rights for insufficient climate action. The Korean court’s decision was met with cheers, tears, and applause from plaintiffs, activists, and lawyers, who chanted, “The verdict is not the end, but the beginning.”
Han Je-ah, a 12-year-old plaintiff, expressed hope that the ruling would lead to significant changes so that children would no longer need to file such constitutional appeals. “The climate crisis is severely impacting our lives, and there is no time to waste,” she told reporters. Kim Young-hee, a lawyer representing the plaintiffs, described the ruling as “an important decision for society’s efforts to reduce greenhouse gas emissions.”
The court criticized South Korea’s carbon neutrality act—originally enacted in 2010 and later revised to set emission targets for 2030 and a goal of achieving carbon neutrality by 2050—for failing to provide “any quantitative levels” for emission reductions between 2031 and 2049. “Without a mechanism to ensure gradual and continuous reductions until 2050, the law sets reduction targets that would impose an excessive burden on future generations,” the court stated.
The environment ministry responded by saying it respects the court’s decision and will take necessary follow-up measures. Koh Moon-hyun, a law professor at Soongsil University, suggested to Reuters that the ruling could inspire changes in other countries, noting that “the court may have been influenced by similar rulings in Europe.” He added that the decision offers South Korea a chance to shed its reputation as a “climate villain.”
Scientists warn that a global temperature increase of more than 1.5 degrees Celsius above pre-industrial levels could have catastrophic and irreversible effects on the planet, including the melting of ice sheets and the collapse of ocean currents. South Korea aims to achieve carbon neutrality by 2050, but currently remains the second-largest coal polluter among G20 nations after Australia, with a slow transition to renewable energy sources.
