Victory in Seoul Air Pollution Class Action Lawsuit
2010.02.03.
The plaintiffs in this case were individuals who had either resided or worked in Seoul and had been diagnosed with or treated for respiratory diseases. They filed a lawsuit against multiple defendants, including the Republic of Korea, which was represented by Yulchon. The plaintiffs sought an injunction to prohibit the emission of air pollutants exceeding WHO air quality standards in Seoul, citing their constitutional rights to dignity and a clean environment. Additionally, they sought damages for bodily harm caused to them by air pollution in Seoul based on the State Compensation Act.
The court dismissed all of the plaintiffs’ claims against the Republic of Korea, holding that: (i) there was no causal connection between the alleged damages and the government's liability under Article 2 of the State Compensation Act; and (ii) the plaintiffs failed to prove that they suffered damages exceeding acceptable limits, meaning there was no defect in the installation or management of public facilities under Article 5 of the State Compensation Act.
This case holds symbolic significance as the first environmental lawsuit concerning air pollution in Korea. Furthermore, Yulchon’s successful defense of the Republic of Korea in such a landmark case underscores its expertise in major environmental litigation.
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