🚨 Ecological Juristic Person

Today Korean Social News for Beginners | 2025.08.22

0️⃣ New System Granting Legal Rights to Jeju Dolphins

📌 Jeju Dolphins Become Korea's First Test Case for Ecological Juristic Person

💬 Jeju Province is pushing forward with an 'ecological juristic person' system that grants legal rights to specific species and natural objects like Indo-Pacific bottlenose dolphins. Legal scholars argue that Article 10 of the Constitution on human dignity can be expanded to recognize nature's rights. A revision bill for the Jeju Special Act submitted to the National Assembly allows the provincial governor to designate ecological juristic persons with a two-thirds majority vote from the provincial council. If passed, this would be Korea's first such case. Jeju Province plans to designate Indo-Pacific bottlenose dolphins as the first ecological juristic person, with discussions ongoing about economic damage compensation and guardian systems. This is being evaluated as a new legal response model for the climate crisis era, though concerns about conflicts with local industries like fishing and tourism have been raised.

💡 Summary

• An ecological juristic person is a system that grants legal personality to natural objects or species, recognizing them as rights holders.
• Jeju Province is pushing to designate Indo-Pacific bottlenose dolphins as Korea's first ecological juristic person.
• The goal is to strengthen nature protection, but coordination with the local economy is needed.

1️⃣ Definition

An ecological juristic person is a system that grants legal personality to specific ecosystems, species, or natural objects, recognizing them as subjects with rights and duties. It's a revolutionary concept where nature can have its own rights and file lawsuits in court, just like companies or corporations.

This presents a new paradigm that moves away from the existing view of 'humans protecting nature' to 'nature having its own rights'. The key idea is that when nature is damaged, it's seen as a violation of nature's own rights, and legal remedies can be sought through guardians.

💡 Why is this important?

• It's a new legal tool to protect nature in the climate crisis era.
• It can represent nature's voice in conflicts between development and environmental protection.
• It presents a sustainable development model for future generations.
• It's a new trend in environmental law that's gaining international attention.

2️⃣ Background and Current Status of Jeju's Ecological Juristic Person System

📕 Current Situation and Protection Needs of Indo-Pacific Bottlenose Dolphins

• Indo-Pacific bottlenose dolphins in Jeju waters are in crisis. Key facts include:

  • About 120 Indo-Pacific bottlenose dolphins live in Jeju coastal waters, making them very precious biological resources.
  • Their habitat is shrinking due to boat tourism, fishing activities, and marine development.
  • Collisions between dolphins and ships happen frequently.
  • Marine pollution and noise pollution are worsening the dolphins' living environment.

• Limitations of existing protection systems are becoming clear. Main problems include:

  • Current wildlife protection laws rely on human-made regulations, making them less effective.
  • When economic interests conflict with environmental protection, development logic often takes priority.
  • There's a lack of direct legal means to respond to dolphin habitat destruction.
  • It's difficult to punish perpetrators or receive compensation when damage occurs.

📕 Key Contents of the Jeju Special Act Revision Bill

• The designation and operation system for ecological juristic persons has been specified. Main contents include:

  • The Jeju Provincial Governor can designate ecological juristic persons with consent from two-thirds of provincial council members.
  • Guardians or guardian organizations will be designated to exercise rights on behalf of ecological juristic persons.
  • A Rights Advocacy Committee will be established to protect and monitor the interests of ecological juristic persons.
  • Legal basis for securing and managing resources for ecological juristic person protection has been specified.

• Economic conflict coordination and compensation systems have also been prepared. Main measures include:

  • Compensation provisions for fishing rights or tourism industry damages caused by ecological juristic person designation.
  • Gradual implementation to minimize shock from sudden changes.
  • Plans to establish the system through sufficient consultation and agreement with local residents.
  • Seeking win-win solutions through new economic models like eco-tourism.

💡 Major Issues in the Ecological Juristic Person System

1. Constitutional legitimacy: Possibility of recognizing nature's rights within the human-centered basic rights system
2. Effectiveness issues: Whether granting legal personality can lead to actual protection
3. Economic conflicts: Coordinating interests with existing industries like fishing and tourism
4. Operational complexity: Practical difficulties in guardian selection and rights exercise procedures
5. Social acceptance: Securing understanding and support from citizens and local residents

3️⃣ International Cases and Expected Effects

✅ Successful Overseas Ecological Juristic Person Cases

• New Zealand's advanced experience is being referenced. Key cases include:

  • In 2017, New Zealand granted legal personality to the Whanganui River, recognizing the world's first river rights.
  • Te Urewera National Park, considered ancestral spirits by the Māori people, also gained legal status.
  • Legal representatives advocate for the interests of rivers and parks in response to development plans.
  • Direct legal response to environmental damage has become possible, greatly improving protection effectiveness.

• Latin American countries are also actively pursuing legislation. Key trends include:

  • Ecuador became the world's first country to specify nature's rights in its 2008 constitution.
  • Bolivia specifically established 'Mother Earth's Rights' in its constitution and laws.
  • Colombia granted legal personality to the Amazon rainforest to limit logging.
  • These countries are showing effects in suppressing environmental destruction and ecosystem restoration.

✅ Expected Effects and Prospects of Jeju's Ecological Juristic Person

• Revolutionary changes are expected in environmental protection. Main effects include:

  • Strong legal protection will be formed for Indo-Pacific bottlenose dolphin habitats.
  • Dolphin rights must be considered when pursuing development projects.
  • Direct legal response to marine pollution or habitat destruction will become possible.
  • The overall conservation level of Jeju's marine ecosystem is expected to improve significantly.

• Significant socio-economic ripple effects are also expected. Main changes include:

  • Jeju will be recognized as a world-leading environmental protection region.
  • New eco-tourism models will be created, developing sustainable tourism industries.
  • International attention and research will focus on Jeju, raising its brand value.
  • It's likely to become a model case for other local governments and countries to benchmark.
  • It will lead new academic development in environmental law and ecological policy fields.

4️⃣ Related Terms Explanation

🔎 Legal Personality

• Legal personality means the qualification to be a subject of rights and duties under law.
  • Legal personality refers to the status or qualification to be a subject of legal rights and duties. Natural persons (people) and juristic persons (companies, organizations, etc.) are typical holders of legal personality. Having legal personality means having the authority to make contracts, own property, and file or be subject to lawsuits.
  • The meaning of granting legal personality to ecological juristic persons is that natural objects or species move beyond being simple protection targets to become subjects who can claim their own rights. First, they gain property rights over habitats or territories. Second, they gain survival rights to life and safety protection. Third, they gain environmental rights to live in clean and safe environments.
  • However, since natural objects cannot express their own will, they exercise rights through guardians or representatives. This is similar to the case of minors or people with mental disabilities, where legal representatives act in their best interests.

🔎 Rights Guardian System

• The rights guardian system is a system that protects rights on behalf of beings who cannot exercise rights themselves.
  • The rights guardian system is a legal mechanism where third parties exercise rights on behalf of beings whose capacity for intention is absent or limited, in order to protect their rights. For ecological juristic persons, this system is essential since natural objects cannot express their own will.
  • The roles of ecological juristic person guardians include: First, exercising legal representation authority by performing legal acts like contract conclusion and lawsuit filing on their behalf. Second, protecting interests by opposing harmful acts or policies against ecological juristic persons and suggesting alternatives. Third, monitoring and supervising to continuously observe and respond to prevent violations of ecological juristic persons' rights.
  • Guardian selection is very important and will likely be composed of committees involving various stakeholders including environmental groups, experts, and local resident representatives. Guardians must prioritize ecological juristic persons' interests over their own and must have expertise and fairness.

🔎 Article 10 of the Constitution

• Article 10 of the Constitution is the starting point of basic rights in Korea, guaranteeing human dignity and value.
  • Article 10 of the Constitution states: "All citizens possess dignity and value as human beings and have the right to pursue happiness. The state has the duty to confirm and guarantee individuals' inviolable basic human rights." This is the core provision that forms the basis for all basic rights.
  • Regarding the ecological juristic person system, discussions are ongoing about expanding the interpretation of Article 10 of the Constitution. First, the ecological foundation theory of human dignity suggests that human dignity comes from harmonious coexistence with nature. Second, environmental rights protection for future generations interprets that current generations should not violate future generations' environmental rights.
  • However, constitutional scholars also believe that careful approaches are needed for such expanded interpretations. More detailed research is needed on whether expanding basic rights subjects from humans to nature aligns with the Constitution's basic spirit and whether it can have actual legal effect.

5️⃣ Frequently Asked Questions (FAQ)

Q: If dolphins become ecological juristic persons, can they actually file lawsuits?

A: The dolphins themselves cannot, but they can exercise legal rights through guardians.

• Indo-Pacific bottlenose dolphins designated as ecological juristic persons cannot directly file lawsuits, but designated guardians or guardian organizations can take legal action in the dolphins' name. First, they can file injunction lawsuits demanding cessation of habitat destruction or pollution acts. Second, they can file damage compensation claims for damages already occurred. Third, they can respond through administrative lawsuits against development plans or policies harmful to dolphins. Fourth, they can also have wildlife protection law violators punished through criminal complaints.
• What's important is that dolphins now become subjects of rights, not just protection targets. Previously, environmental groups or citizens filed lawsuits under the name of 'protecting dolphins', but now stronger legal responses will be possible for reasons of 'dolphins' own rights being violated'.

Q: Won't Jeju's tourism and fishing industries suffer major damage from ecological juristic person designation?

A: Win-win solutions are being sought through gradual implementation and compensation systems.

• Jeju Province is simultaneously pursuing measures to minimize economic damage from the ecological juristic person system and create new opportunities. First, gradual regulatory strengthening rather than immediate total prohibition will provide time for industries to adapt. Second, appropriate compensation and alternative arrangements are being considered for affected fishermen and tourism businesses. Third, support will be provided to transform existing tourism into sustainable eco-tourism through dolphin-friendly tourism program development. Fourth, for fishing, support will be provided for developing new fishing methods compatible with dolphins or relocating fishing grounds.
• In the long term, economic opportunities are likely to expand. As Jeju becomes the world's first region to recognize dolphin rights, international attention and visitors are expected to increase significantly. Also, being recognized as a successful case of sustainable tourism models will raise Jeju tourism's quality and value.

Q: Can other animals or natural objects also become ecological juristic persons?

A: The Jeju Special Act revision bill is designed to be applicable to various natural objects.

• This revision bill is comprehensively designed to be applicable to various ecosystems and natural objects in Jeju, not limited to Indo-Pacific bottlenose dolphins. First, mountains like Hallasan or specific regional forests can also become ecological juristic persons. Second, Jeju's unique geological structures like lava caves or craters can also be targets. Third, endangered endemic flora and fauna species of Jeju may also be designated for protection. Fourth, important wetlands or coastal ecosystems can also be designated as ecological juristic persons.
• However, not all natural objects will be designated indiscriminately; gradual expansion will consider protection value and necessity, social consensus, etc. comprehensively. High standards requiring two-thirds consent from the provincial council ensure careful decisions, and sufficient consultation processes with local communities will be conducted. If successful experiences accumulate in Jeju, there's potential for nationwide expansion, which is attracting attention.

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