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SFOC et al. v. Minister of Health and Welfare - decision

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SFOC et al. v. Minister of Health and Welfare - press release

Filing Year For Action

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.

SFOC et al. v. Minister of Health and Welfare

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

SFOC et al. v. Minister of Health and Welfare - decision

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance