Environmental Law in South Korea
Introduction
South Korean environmental law has developed rapidly since the 1980s, evolving from a pollution-control approach to a comprehensive system encompassing climate change, biodiversity, and sustainable development. The Framework Act on Environmental Policy (환경정책기본법, 1990) serves as the foundational statute, supplemented by sectoral laws on air quality, water management, waste, and chemicals.
Framework Act on Environmental Policy
The Framework Act establishes fundamental principles of environmental law:
- Environmental rights (Article 35 of Constitution): The right to a healthy environment is a constitutional right, enforceable through the Constitutional Court
- Polluter pays principle: Those causing environmental harm bear remediation costs
- Precautionary principle: Applied in environmental impact assessment and chemical regulation
- Environmental Impact Assessment (EIA) : Required for major development projects (Article 27)
Environmental Impact Assessment
The Environmental Impact Assessment Act (환경영향평가법, 2011) requires EIAs for projects exceeding certain thresholds (urban development, industrial complexes, energy facilities, transportation infrastructure). The assessment process includes:
- Scoping and consultation with local communities
- Review by the Ministry of Environment
- Mitigation measures and monitoring requirements
- Post-project environmental audits
Air Quality and Emissions
The Clean Air Conservation Act (대기환경보전법) regulates air pollutant emissions from industrial facilities and vehicles, including total pollution load management in severe pollution areas. The Act establishes emissions trading for NOx and SOx.
Climate Change and Carbon Neutrality
The Framework Act on Carbon Neutrality and Green Growth (2021) codifies the 2050 carbon neutrality target. Key provisions include:
- 2030 Nationally Determined Contribution (NDC) : 40% reduction from 2018 levels
- Carbon Neutrality Commission: Presidential advisory body with citizen participation
- Emissions Trading Scheme (ETS) : Operating since 2015, covering 73.5% of national emissions
- Climate change adaptation: National adaptation plans required every five years
Waste and Chemicals
The Waste Management Act (폐기물관리법) governs waste classification (household, industrial, hazardous), treatment standards, and the extended producer responsibility (EPR) system. The Act on Registration and Evaluation of Chemicals (K-REACH) (2013) requires registration and risk assessment for chemical substances.
Judicial Enforcement
The Supreme Court has recognized environmental standing broadly, allowing residents and environmental organizations to challenge administrative approvals. The Constitutional Court has interpreted Article 35 (environmental right) to require the state to actively protect the environment (2004Hun-Ma528).
Conclusion
South Korean environmental law reflects a maturing regulatory system that increasingly integrates international climate commitments with domestic enforcement. The 2021 carbon neutrality legislation marks a significant escalation in legal ambition, though implementation challenges remain.