Constitutional Court of Korea (original) (raw)

On August 29, 2024, the Court issued the following rulings.

1. The Court held that Article 8, Section (1) of the “Framework Act on Carbon Neutrality and Green Growth for Coping with the Climate Crisis” (the “Act”) does not conform to the Constitution. It ordered that this provision remain in effect until amended by February 28, 2026. This section requires the government to set “a national mid- and long-term greenhouse gas reduction target” “to reduce national greenhouse gas emissions by a ratio prescribed by Presidential Decree not less than 35 percent from the 2018 level by 2030.”

2. The Court rejected the claim challenging Article 3, Section (1) of the Act’s Enforcement Decree, which specifies the above reduction ratio as “40 percent.”

3. The Court rejected the claims challenging both “B. Sectoral Reduction Targets” and “C. Annual Reduction Targets” under “V. Mid- and Long-Term Reduction Targets” in the “First National Plan for Carbon Neutrality and Green Growth.” This administrative plan, adopted by the government on April 11, 2023, sets numerical targets for national greenhouse gas emissions and removals by sector and by year for the period from 2023 to 2030.

4. The Court dismissed the remaining claims and the motions to intervene as a Complainant and to intervene in support of Complainants.