Natural environments that constitute the foundations of human lif
e-such as water, air and biodiversity- are communal assets to be
shared not only by the present generation but also by future
generations. Although environmental interests are inherentl...
Natural environments that constitute the foundations of human lif
e-such as water, air and biodiversity- are communal assets to be
shared not only by the present generation but also by future
generations. Although environmental interests are inherently objective
and public in nature, legal remedies for environmental degradation in
Korea remain largely confined to the protection of individual rights.
Major development projects that have generated significant social
controversy, including the Saemangeum reclamation project, the Four
Major Rivers restoration project, and the Seoraksan cable car
installation, were driven as state-led national initiatives through
political and policy-driven decision-making processes. However,
judicial relief through administrative litigation has faced substantial
limitations, particularly at the stage of recognizing standing. Lawsuits
filed by environmental organizations representing public interests, as
well as animal lawsuits initiated in relation to habitat destruction,
were all dismissed for lack of standing, and courts have generally
adopted a restrained approach toward reviewing governmental policy
decisions.
In contrast, constitutional adjudication processes not only a
subjective function of protecting individual right but also an objective
function of safeguarding the constitutional order. Furthermore, the
Constitutional Court of Korea has, unlike ordinary courts,
acknowledged the autonomous scope and concrete justiciability of the
constitutional right to a healthy environment. In a recent
constitutional complaint concerning the national greenhouse gas
reduction targets in response to the climate crisis, the Court
recognized standing for ordinary citizens, including children and
adolescents, and construed climate-related risks as infringements of
environmental rights than as violations of the right to life and
physical integrity. This decision may be evaluated as a meaningful
advancement in establishing the independent constitutional status of
environmental rights by recognizing their public-interest dimension.
Nonetheless, the Court’s decision to proceed to the merits without
sufficiently articulating whether the petitioners satisfied the
requirement of legal relevance raises concerns. Despite this limitation,
given the public-good character of the environment and the collective
and solidaristic nature of environmental interests, there remains room
to expand the recognition of ‘self-referentiality’ in claims concerning
environmental rights infringements. Moreover, it is necessary to explicitly constitutionalize procedural environmental rights to ensure
meaningful public participation in environmental decision-making
process. Such participation enhances the democratic legitimacy and
rationality of public decisions, strengthens ex ante procedural control,
and prevents environmental right violations. In addition, recognizing
procedural environmental rights as a basis for public-interest
environmental litigation, along with the introduction of collective
actions, could significantly improve access to justice and contribute to
the effective realization of constitutional environmental rights.