On May 21, the South Korean Constitutional Court held its second and final hearing on a lawsuit challenging the country's climate policies.
According to Nature magazine, in this landmark "challenge," babies, children, adults, and even unborn children have submitted petitions suing the South Korean government for not doing enough to address climate change. The plaintiffs argue that the government's climate targets are too weak and threaten their right to live in a healthy environment.
The plaintiff claims that the South Korean government's inaction on climate change threatens their rights. Photo Source: Kim Hong-Ji/Reuters
Yoon Se-jong, the legal advisor in charge of the case in Seoul, stated: "This sends a signal - all countries need to take action to address this global crisis, without exception."
The case being heard by the South Korean Constitutional Court is the result of the consolidation of four similar cases filed between 2020 and 2023, with the first hearing held last month.
One of the cases was brought by parents on behalf of their children, including an unborn child named "Woodpecker," who is now one year old. Masako Ichihara, a climate litigation researcher at the Japan Center for Climate Adaptation in Kyoto, said: "'Woodpecker' is a powerful symbol of how society should protect unborn descendants from the impacts of climate change."
Yoon Se-jong hopes to reach a verdict on the case later this year, before South Korea revises its climate plan submitted to the United Nations (Nationally Determined Contribution, NDC). "If a constitutional ruling is made this year that the current NDC is insufficient, we will be able to enhance the government's climate resolve while working towards the 2035 target."
Currently, South Korea's goal is to reduce greenhouse gas emissions by 40% from 2018 levels by 2030. The organization Climate Action Tracker, which monitors global climate commitments, states that if all countries maintain this level, global temperatures will rise by 3 degrees Celsius by the end of the century compared to pre-industrial levels. This exceeds the goal of the Paris Climate Agreement to limit warming to below 2 degrees Celsius.
Chu Myung-chul from the University of Glasgow in the UK stated that from a legal perspective, if the plaintiff loses, the likelihood of the South Korean Constitutional Court agreeing to reconsider climate cases will decrease, but this should not be seen as a failure. "Even if you lose this time, you can lose beautifully because it has sparked social awareness." He also noted that the case reaching the Constitutional Court is already a success.
