South Korea's Landmark Climate Change Ruling: A Turning Point for Asia

South Korea's top court ruled that the existing climate change law fails to protect basic human rights and future generations. The court asked for revisions to the law by February 2026. Activists hailed the decision, seeing it as a potential precedent for other countries in Asia.

In a landmark ruling, South Korea's top court declared on Thursday that the nation's climate change law fails to protect basic human rights and lacks adequate targets to shield future generations. This decision comes after about 200 plaintiffs, including young climate activists and infants, filed petitions accusing the government of insufficient action on climate change since 2020.

The court has called on the legislature to revise the carbon neutrality act by the end of February 2026, arguing that the current emission targets violate the constitution by not protecting basic rights and failing to safeguard future generations from a climate crisis. Climate advocacy groups noted that this is the first high court ruling on government climate action in Asia, setting a potential precedent for similar lawsuits in Taiwan and Japan.

This ruling mirrors a recent decision by Europe's top human rights court, which found the Swiss government guilty of failing to address climate change adequately. The Korean court's decision was welcomed with cheers, tears, and applause from plaintiffs, activists, and lawyers. Han Je-ah, a 12-year-old plaintiff, expressed hope for broader changes to prevent future constitutional appeals concerning climate action.

Lawyer Kim Young-hee described the ruling as crucial for society's greenhouse gas reduction efforts. The court criticized the existing law for lacking quantitative reduction targets between 2031 and 2049, potentially shifting an undue burden to future generations. The environment ministry has agreed to comply with the ruling and take necessary actions.

Experts believe this ruling could incite change in other countries. Law professor Koh Moon-hyun suggested that the court's decision might have been influenced by similar rulings in Europe, providing South Korea an opportunity to improve its climate action reputation. With scientists warning about the catastrophic impact of global temperatures surpassing 1.5 degrees Celsius, South Korea's commitment to carbon neutrality by 2050 remains critical, despite its significant coal pollution and slow adoption of renewables.

(With inputs from agencies.)