Constitutional Court hears young environmental activists in first litigation on climate change

The Constitutional Court on Tuesday held a public hearing on a petition filed by teenage environmental activists against the government for violating their fundamental rights by insufficiently responding to climate change.

A young environmental activist asks for prompt ruling on petitions filed against the government's insufficient response to climate change during a press conference held in front of the Constitutional Court in central Seoul on Tuesday, ahead of the first public hearing on the case the same day. [NEWS1]

The Constitutional Court on Tuesday held a public hearing on a petition filed by teenage environmental activists against the government for violating their fundamental rights by insufficiently responding to climate change.

The hearing marked the first litigation on climate change in Asia, which included four petitions filed by some 250 people, including children. The case was initially brought up by teenage environmental activists in March 2020.

The plaintiffs argued that the country's "insufficient" action plans for climate change and its nationally determined contribution (NDC) target, which aims to reduce carbon emissions by 40 percent to 436.6 million tons from the peak of 727.6 million tons in 2018, violate the government's responsibility to protect citizens' fundamental rights, such as the right to life.

During the hearing, an attorney noted that the government raised its reliance on "uncertain" carbon capture, utilization and storage technology to cut emissions in the national basic plan for carbon neutrality announced in March last year.

The attorney added that the government did not disclose specific annual emission reduction targets or the resources allocated to achieve them.

Another attorney argued that the country should aim to limit global warming to 2 degrees Celsius (3.6 degrees Fahrenheit) compared to preindustrial levels alongside efforts to restrict the temperature increase to 1.5 degrees Celsius as agreed upon in the Paris Climate Agreement. The attorney said that the country's current NDC goal could potentially contribute to a global warming increase of 2.9 degrees Celsius.

In the trial, the government refuted by saying its economy and industries face significant burdens, particularly due to its manufacturing-centered economic structure. It also defended its target-setting process, saying it was based on the country's circumstances.

Lee Jong-seok, the chief of the Constitutional Court, stressed as the hearing began that the court would take into account international precedents and thoroughly examine the case considering its significance.

Lee referred to the recent ruling by the European Court of Human Rights stating that Switzerland's climate inaction violated fundamental human rights.

Another public hearing on the case is scheduled for next month.

The court's ruling may influence the government's revision of environmental policies, including the NDC.

Germany, for example, revised its climate change law following its Constitutional Court's ruling, increasing its NDC goal to cut emissions by 40 percent to 65 percent compared to 1990 levels.

Korea's National Human Rights Commission also issued a statement to the Constitutional Court in August last year, expressing concerns that the country's Carbon Neutrality Act does not adequately address the seriousness of climate change, particularly in setting gradual emission reduction goals from 2031 through 2050.

BY CHO JUNG-WOO [cho.jungwoo1@joongang.co.kr]