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Han Je-ah, one of the plaintiffs in a climate case by young Koreans, stands in front of the Constitutional Court on Aug. 28, 2024, on the eve of a verdict in the case holding a sign that reads “I have rights.” (Kim Young-won/Hankyoreh)

The Constitutional Court of Korea has ruled that the government’s refusal to set a greenhouse gas reduction goal for future generations is a violation of the basic rights of its citizens. The ruling is a de facto court order to amend current legislation for reducing greenhouse gas emissions by 2030 so that it protects the basic rights of future generations. The current administration must take the Constitutional Court’s ruling seriously and take immediate action so as not to burden future generations with the climate crisis. 

Han Je-ah, 12, an elementary school student, joined civic groups to file a class action climate suit with the Constitutional Court, which ordered the Korean government to amend a portion of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis. The provision the court referred to states a goal of reducing carbon emissions, according to 2018 levels, by 40% by 2030. However, there is no language that mentions anything about what happens after 2031. The Paris Agreement states a goal of being completely carbon neutral by 2050. 

The Paris Agreement outlines a goal of “holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change.” 

While the people who filed the case acknowledged that this would be difficult, the South Korean government has not even announced any annual goals. The Constitutional Court stated that this negligence is a violation of the state’s obligation to protect its citizens’ basic, fundamental rights. As climate change affects future generations, the court demanded a stated objective or goal from the government in any form. 

The court’s ruling is similar to that of Germany’s Federal Constitutional Court ruling in 2021. The German court declared that, to reach the Paris Agreement’s goal by 2030, the German state is obliged to reduce carbon emissions at a faster rate starting in 2030. The German government immediately went into action. The country set a higher reduction goal and revised its deadline from 2050 to 2045. Germany also pledged to invest 5 billion euros (US$5.5 million) in green technology development. Our government needs to follow suit. 

The Yoon Suk-yeol administration is doing all it can to thwart plans drafted by the Moon Jae-in administration to reduce carbon emissions. The Yoon administration seeks to reduce the burden placed on South Korean industry by expanding the role of nuclear power plants. Is downsizing industry’s obligation to reduce emissions while increasing nuclear power production carbon neutrality? Nuclear energy places another kind of burden on our future generations. Throughout the class action suit, Han Je-ah proudly proclaimed, “I have rights.” The government should listen. 

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