Behind the Curtains: Unveiling the Events Leading to South Korea's Initial Climate Trial Win After a Year

South Korea's Constitutional Court Rules Against Insufficient Climate Measures

In a groundbreaking decision, the Constitutional Court of Korea has ruled that the country's measures to combat climate change are insufficient for protecting the rights of its citizens, marking the first climate court victory against a national climate target outside of Europe.

The case, known as the Korean Youth Climate Litigation, was the first-ever climate litigation case in South Korea. It was initiated by Sejong Youn, a Korean attorney, in August 2019, after being approached by a group of young climate activists. Youn submitted the country's first-ever constitutional complaint on climate change on behalf of 19 activists, arguing that South Korea's greenhouse gas emissions reduction target was too weak.

The activists argued that the government's inaction infringed upon their constitutional rights, including the right to a healthy environment and the right of intergenerational equality. The judges agreed, stating 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.

At the time of filing, South Korea's target was a 30% reduction of emissions by 2030 from its 2020 business-as-usual level. However, the judges rejected the plaintiffs' claim that the country's 2030 emissions reduction goal was insufficient, as they found that there is no universally accepted method for allocating global climate efforts to individual countries.

The judges also noted the complexity of the case, which involved a large amount of scientific evidence and the need to transform scientific language into legal language. Despite this, the court gave the government until February 2026 to set firm carbon-reduction targets for 2031 and beyond.

Sejong Youn, the attorney who led the Korean Youth Climate Litigation, argues that litigation alone will not solve the climate crisis. He emphasizes that fighting climate change requires a response beyond the courts, involving politicians speaking more, corporates acting more responsibly, and consumers pushing corporates to act responsibly.

The ruling has opened the door for two subsequent cases in South Korea, and its impact extended beyond the country, with lawsuits filed in Taiwan and Japan. The Youth 4 Climate Action activists, who formed in 2018, used various methods such as media events, demonstrations, school strikes, and online campaigns to keep attention on the case.

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 group was instrumental in shaping the climate movement in South Korea, as public attention and the work of many environmental organizations had previously revolved around air pollution.

The case was inspired by climate litigation cases underway around the world. 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, with the Korean Youth Climate Litigation ruling being one of them. Youn hopes that the Korean case can serve as a trigger point for broader and wider judicial victories.

Behind the Curtains: Unveiling the Events Leading to South Korea's Initial Climate Trial Win After a Year