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The Climate Litigation Database

Senior Citizens v. Korea

Geography
Year
2024
Document Type
Litigation

About this case

Filing year
2024
Status
Decided
Court/admin entity
South KoreaNational Human Right Commission
Case category
Suits against governments (Global)Human Rights (Global)Other (Global)
Principal law
South KoreaConstitution
At issue
Whether the current climate policy adopted by the Korean government violates constitutional rights of the elderly people.
Topics
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Documents

Summary

123 elder citizens lodged complaints against the South Korean government to the National Human Rights Commission, claiming that its weak climate policies infringe upon their constitutional rights to life and the pursuit of happiness, particularly from the health impacts of climate change, including heat exposure and air pollution. The petitioners emphasize that the older population in Korea is vulnerable to climate issues during high poverty rates for senior citizens and that the country is the fastest-aging country in the world. The petitioners argue that South Korea's carbon neutrality roadmap is not aligned with the 1.5'C target and that the reduction pathway backloads the emission reduction. On April 15, 2024, the Commission dismissed the petition, finding that the petition did not allege "specific individual harm" from the climate crisis, but instead called for broader policy and legislative improvements to protect senior citizens in general. Still, recognizing that increasingly severe climate impacts can threaten the right to life for the wider public, the Commission transferred the matter to its Social Rights Division for further review. Separately, on December 12, 2024, the Commission issued a recommendation to the government calling for stronger protections for people who are especially vulnerable to the climate crisis. The recommendations include, among others: (i) clearly defining climate-vulnerable groups and the government’s duty to protect them under the Carbon Neutrality Act; (ii) incorporating concrete protection measures into the National Green Growth Basic Plan; (iii) conducting and publishing regular assessments of climate vulnerabilities; (iv) improving access to climate-related information; (v) expanding the permitted uses of the Climate Response Fund to support vulnerable groups; and (vi) ensuring their participation in climate-related policy-making.

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Group
Topics
Target
Risk
Impacted group
Just transition
Greenhouse gas
Economic sector
Adaptation/resilience
Finance