SFOC et al. v. Minister of Health and Welfare

Plaintiffs are three environmental organizations, Solutions for Our Climate, Green Environment Youth Korea, and 60+ Climate Action. Defendant is the Minister of Health and Welfare of the Korean Government, who also chairs the Fund Management Committee of the National Pension Service. Plaintiffs are seeking an order against the Defendant to disclose the record in relation to the coal divestment policy discussions in the National Pension Service. National Pension Service is one of the largest asset owners in the world, managing more than USD 800B. In May 2021, National Pension Service announced that it will no longer invest in coal mining and coal power generation, and that it will prepare a policy setting out the details of the coal policy by 2022. However, after two years of the announcement, National Pension Service has not published its coal policy and has refused to disclose any information on the ongoing discussions. Prior to the filing of the complaint, Plaintiffs submitted a request for disclosure of information to the National Pension Service in accordance with the applicable provision of the Act on Disclosure of Information for Public Institutions on 24 May 2023. However, the National Pension refused to comply with most of the requests, particularly the minutes of the Fund Management Committee dealing with the coal policy on the basis that such information could adversely affect the fair management of the fund or the stability of the financial market, which constitutes a ground for refusal under the same Act. Plaintiffs challenged the National Pension Service’s refusal by filing a disclosure of information claim in the Seoul District Court, arguing that the requested information does not fall into the exception category argued by the National Pension Service, and therefore must be made publicly available. On May 16, 2024, the Seoul District Court dismissed the case, finding that the records were lawfully classified as non-disclosable under the Act on Disclosure of Information for Public Institutions and the National Pension Act. The court explained that the materials contained detailed discussions on coal divestment strategy and fund management plans, and that disclosure could disrupt the fair operation of the fund and destabilize financial markets.