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Professor Gilwon Lee of the Law School at Sungkyunkwan University and Professor Taejung Park of the Graduate School of Future Strategy at KAIST have become the first legal scholars from South Korea to publish in the Correspondence section of Nature Human Behaviour, a sister journal of the world-renowned journal Nature. Their article, published on April 8, analyzes a recent Constitutional Court ruling on climate justice in Korea from the perspective of international environmental law.

In August 2023, Korea’s Constitutional Court ruled that a key provision in the government’s 2021 climate law was unconstitutional, on the grounds that it failed to adequately protect the lives and safety of citizens. This marked the first such ruling in Asia, setting a potentially influential precedent that reinforces the government's legal responsibility in responding to climate change.

The case is particularly significant because it was initiated by young people. The court declared Article 8, Clause 1 of the Framework Act on Carbon Neutrality unconstitutional. This provision is central to setting national greenhouse gas reduction targets. The Court found that the article lacked specific targets for the years 2031–2049, thereby undermining consistency in climate policy. While the clause remains in effect until February 28, 2026, the Court sent a strong message that the National Assembly must revise the law.

The Court based its decision on the principles of prohibition of insufficient protection and legality reservation. It stressed that the protection of fundamental rights must be substantial, and that national climate targets must be clearly defined by law, not left to executive discretion. The ruling also addressed the structural limitations of democracy, noting that future generations lack direct representation in today’s decision-making processes. Therefore, the legislature must legally enshrine long-term climate goals.

Professors Lee and Park emphasized that this ruling carries significant global implications. They argued that it is not merely an environmental policy decision, but a constitutional precedent that reinforces intergenerational equity and democratic accountability. They underscored that effective climate action must focus on legally binding long-term goals, rather than short-term gains.

The scholars also highlighted the ruling as an opportunity to transform Korea’s climate governance into a more transparent and accountable system. By establishing that national climate policies can be legally mandated, this precedent may inspire similar legal actions internationally and could lead to an increase in climate litigation.

Ultimately, the decision is expected to contribute to international discussions on strengthening the legal enforceability of long-term climate goals, as it constitutionally recognizes intergenerational equity, a core principle of climate justice.

- Title: South Korea's Landmark Ruling on Climate Justice

- Authors: Gilwon Lee (Sungkyunkwan University), Taejung Park (KAIST)

- Journal: Nature Human Behaviour (IF 22.3)

Taejung Park (KAIST)