Amnesty International mentioned on Monday that South Korea’s Constitutional Court is set to hear four landmark climate change cases on Tuesday. These cases could potentially establish a significant legal precedent for climate litigation under human rights law.
The four lawsuits in question were first heard by the court in April and represent approximately 200 individuals, 60 of whom are minors. The plaintiffs have accused the South Korean government of insufficiently protecting its inhabitants from the negative consequences of climate change. They argue that the state is infringing on the rights to life and to a healthy environment, as stipulated in articles 34 and 35 of the Constitution of the Republic of Korea.
These cases include the 2022 Woodpecker et al. v. South Korea , which is partly premised on the Enforcement Decree of the Carbon Neutrality Act. This Act obliged South Korea to reduce its Nationally Determined Contribution (NDC) by 40% compared to 2018 levels, according to Article 3 paragraph 1 of the Act.
Other cases include the 2020 Do-Hyun Kim et al. v. South Korea, which challenges South Korea’s Framework Act on Low Carbon, Green Growth, and the Byung-In Kim et al. v. South Korea, which argues that the Carbon Neutrality Act contravenes the Constitution. Lastly, Min-A Park v South Korea was filed in 2023, focusing on the South Korean government’s alleged failure to uphold fundamental rights.
Amnesty International Korea’s climate justice campaigner, Jiyoun Yoo stated that the government has a binding obligation to guard its citizens’ rights from the impacts of climate change. This protection also involves maintaining the commitments made in 2015 via the ratification of the Paris Agreement. Plaintiffs argue that the South Korean government does not respect these commitments.
The second and final hearing of the court is due on Tuesday, where the ruling is expected to be made within the year, according to Amnesty International.