Environmental Group Loses Lawsuit Against Korea and China Over Fine Dust Compensation

View of downtown Seoul from Namsan, where a fine dust advisory has been issued / Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Seongpil Cho] Environmental groups and citizens filed a lawsuit against the governments of South Korea and China, holding them responsible for the recurring damage caused by fine dust every year, but the lawsuit was not accepted.

The Civil Division 26 of the Seoul Central District Court (Presiding Judge Myungsan Heo) ruled on the 11th that 90 plaintiffs, including Chairman Choi Yeol of the Environmental Foundation, lost the damages lawsuit filed against the Republic of Korea and the People's Republic of China or dismissed the case. Regarding the claim against South Korea, the court dismissed it, stating, "Even if the government neglected its duties and the people suffered from fine dust, this alone cannot be concluded as a violation of environmental laws." Regarding the claim against China, the court dismissed it, stating, "The part of the claim against the Chinese government is not subject to the jurisdiction of our courts, so the lawsuit itself is not legally valid."

Earlier, Chairman Choi and others filed a lawsuit in 2017 demanding a total of 270 million won in compensation, arguing that the Korean government did not guarantee the right of all citizens to live in a pleasant environment, and that China should also be held responsible for the severe fine dust damage. The plaintiffs claimed that the Chinese government failed to fulfill its obligation to manage pollutants, and the Korean government neglected its duty to identify the causes of fine dust and protect the people's right to safety and pursuit of happiness. In response, the Korean government argued that it has been making efforts to identify the causes and status of fine dust and to prepare countermeasures, and that the plaintiffs' claims and evidence of damage were not specific enough to hold legal responsibility.

After the verdict, Chairman Choi said, "Despite the severe damage, including more than 10,000 deaths annually due to ultrafine dust, government measures fall short of public expectations," adding, "I hoped the court ruling would at least recognize some responsibility, but it was not accepted." He further pointed out, "Since there are indicators that 40% of our country's fine dust is influenced by China, China should also establish policies to take responsibility for the damage to its neighboring country."

This content was produced with the assistance of AI translation services.