South Korea

Contributing law firm: Shin & Kim LLC

YEAR IN REVIEW

(1 July 2024 to 30 June 2025)

  • Korea continues to advance its ESG and climate policy framework through enhanced green taxonomy, upcoming NDC targets, and increased regulatory scrutiny on greenwashing.
  • Korea’s green taxonomy has been expanded and updated, with expanded technical criteria to support green bonds and lending.
  • Korea’s 2035 NDC will be finalised and submitted to the UN around September 2025.
  • The KFTC took action against several companies for greenwashing, issuing warnings and a corrective order due to misleading consumer-facing green claims.
  • The final KSSB Disclosure Standards (based on the ISSB Standards) are expected to be released by the end of 2025 and implemented after 2026.

Scroll down or click below for further information on each key theme.

PODCAST OVERVIEW

Please click on the podcast above for a snapshot of the three key themes of ESG reporting, transition planning and greenwashing risks in respect of South Korea. 

KEY CONTACTS

Soo Young Song
Partner, Shin & Kim LLC

Han Hee Yu
Senior Foreign Attorney, Shin & Kim LLC

A. ESG Reporting

1. Are there legal or regulatory requirements for companies to make ESG disclosures in your jurisdiction?

There is a voluntary disclosure regulation on the publication of sustainability reports by listed companies. Under Article 8, Paragraph 7(e) of the Enforcement Rules of KOSPI Market Disclosure Regulation of the Korea Exchange (KRX), sustainability reports are included as voluntary disclosure items. Accordingly, listed companies are currently publishing sustainability reports voluntarily. In 2021, KRX released the “ESG Disclosure Guidelines” to encourage companies to voluntarily disclose ESG information.

Korea Composite Stock Price Index (KOSPI) constituents are required to issue corporate governance reports covering 10 core principles of corporate governance.

2. What are the key legislative and regulatory sources for ESG disclosure requirements and to whom do they apply?

As major economies enhance their ESG disclosure requirements, the South Korean government is also developing disclosure requirements to assist domestic companies in complying with the escalating global ESG standards.

The Korea Sustainability Standards Board (KSSB) released draft ESG disclosure standards (KSSB Disclosure Standards) in April 2024. Although the announcement of details of the ESG disclosure system and the timeline for its introduction have been delayed, the final KSSB Disclosure Standards are expected to be released by the end of 2025 and implemented after 2026.

3. Are the requirements mandatory or do they apply on a comply-or-explain basis?

The corporate governance report mentioned above adopts a comply-or-explain approach. Other than this, there are currently no ESG-related disclosure requirements that apply on a mandatory or comply-or-explain basis.

4. Which aspects of ESG do the requirements focus upon?

The “ESG Disclosure Guidelines” released by KRX require disclosure of environmental, social and governance aspects.

The draft KSSB Disclosure Standards consist of three parts:

  1. No. 1 (General Requirements for Sustainability-related Financial Information Disclosures);
  2. No. 2 (Climate-related Disclosures); and
  3. No. 101 (Additional Disclosures for Policy Purposes).

The first two standards are mandatory for companies, while the third is optional. Under standard No. 2, companies are required to prioritise and disclose climate-related information among ESG factors.

Companies may select and disclose information about sustainability-related risks and opportunities other than climate-related information.

5. Are the disclosure requirements based on international standards? If so, which one(s)?

The “ESG Disclosure Guidelines” published by KRX summarise and provide companies with key ESG factors based on GRI.

The draft KSSB Disclosure Standards are based on IFRS S1 and S2 and have been modified to reflect the circumstances of domestic companies. The KSSB has stated that it established these disclosure standards to provide useful information to investors, taking into consideration international harmonization and acceptability to companies.

In addition, many companies voluntarily adopt a variety of international reporting standards, such as GRI, SASB, TCFD, and others.

6. How do the disclosure requirements approach materiality (e.g. single or double materiality)?

The draft KSSB Disclosure Standards are based on the ISSB Standards and therefore adopt a single materiality approach, requiring disclosure of information for investors.

The definition of “material information” in the KSSB Disclosure Standards is consistent with the definition in K-IFRS, the accounting standards aligned with IFRS by the Korea Accounting Standards Board. Accordingly, the KSSB Disclosure Standards state that information is material if omitting, misstating or obscuring such information could reasonably be expected to influence decisions that primary users of reports make on the basis of those reports.

7. Are there requirements for the disclosure of GHG emissions? If so, please specify the scope (e.g. Scope 1, Scope 2 and/or Scope 3), to whom they apply and whether there are requirements on the measurement methodology.

Given that sustainability reporting is currently voluntary, disclosure of GHG emissions is not mandatory.

Additionally, in accordance with Article 16-8 of the Environmental Technology and Industry Support Act, all central administrative agencies, local governments, public institutions, national and public universities, local public corporations, regional public corporations, local medical centers, management companies under Article 27, Paragraph 1 of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis, listed companies with total assets of KRW 2 trillion or more on a consolidated basis, and green companies (as designated by the Minister of Environment for their efforts in reducing pollutants, saving resources and energy, and improving environmental performance) are required to register and submit environmental information through the Environmental Information Disclosure System. The system categorises disclosures into mandatory and voluntary topics, and disclosure of GHG emissions (Scope 1, 2, and 3) is voluntary. However, according to an announcement in October 2023, Scope 1 and 2 will become mandatory disclosures in the future, whilst Scope 3 will be phased in gradually. See expected enhancements to the system mentioned in section A.12 below.

8. Are there requirements to obtain independent assurance of any ESG disclosures? If so, what is the scope of such requirements? If not, are there plans to introduce such requirements?

There are no national laws or regulations that directly require third-party verification or assurance of the content of ESG disclosures; however, most companies choose to pay for third-party assurance at their own expense.

9. For companies not subject to mandatory or comply-or-explain ESG reporting, are voluntary ESG disclosures customary?

Yes, many companies voluntarily disclose their ESG information using various global initiatives and guidelines (GRI, SASB, TCFD, etc.), and the number of companies publishing sustainability reports has increased significantly. According to the KRX ESG portal, 131 companies had published sustainability reports in 2022, and this number increased to 161 in 2023 and to 204 in 2024.

10. Has your jurisdiction issued or adopted a taxonomy on sustainable activities? Is it mandatory and what is its scope of application?

In April 2021, the Ministry of Environment established the Korean Green Taxonomy (K-taxonomy) under the Environmental Technology and Environmental Industry Support Act. In December 2021, the Ministry released the “The Korean Green Taxonomy (K-Taxonomy) Guideline”, which outlines principles and criteria for categorizing green economic activities within the K-taxonomy framework. Whilst this guideline is not legally binding, it sets out the standards for identifying green economic activities.

The guidelines were revised in December 2022, adding nuclear power and climate change adaptation-related economic activities to the list of green economic activities, and a detailed K-Taxonomy explanation document was released.

In December 2024, the guidelines were further updated to include 10 new green economic activities and revise 21 existing ones, particularly in areas such as water conservation, circular economy, pollution control, and biodiversity. With 25 new and 6 updated technical criteria introduced, the updated taxonomy is expected to play a key role in green bond issuance and serve as a foundational reference for green lending guidelines starting in 2025.

11. Are there plans to adopt or incorporate any (other) international ESG reporting framework (e.g. the ISSB Standards and/or the TNFD)? If so, please give details.

As mentioned above, the draft KSSB Disclosure Standards are based on IFRS S1 and S2 and are currently in draft form. The draft KSSB Disclosure Standards focus on interoperability with the ISSB framework, adopting consistent disclosure elements such as governance, strategy, risk management, and metrics and targets. General Requirements (No. 1) and Climate-related Disclosures (No. 2), which correspond to IFRS S1 and S2 respectively, are mandatory disclosure standards, while Additional Disclosures (No. 101) is voluntary.

Regarding the scope and timeline, in January 2021, the Financial Services Commission announced plans to implement ESG disclosure requirements in a phased manner. Specifically, it stated that these requirements would apply to listed companies of a certain size (e.g., more than KRW 2 trillion in assets) starting in 2025, and to all listed companies on the KOSPI from 2030. However, in October 2023, mandatory ESG disclosure requirements under the KSSB Disclosure Standards were postponed to 2026 onward, and the asset size classification of applicable companies and the specific timing of the introduction will be determined later.

12. Other upcoming developments / direction of travel
  1. The Environmental Information Disclosure System Reorganization was scheduled to be released in October 2023, but has been delayed and is currently on hold. Key revisions include:

    (i) changing the reporting entity from a site-by-site basis to a corporate entity to align with global ESG standards;

    (ii) enhancing the provision of environmentally responsible investment information based on the K-taxonomy; and

    (iii) mandatory disclosure of essential items such as GHG emissions (Scope 1 and 2 only; Scope 3 will be phased in), with non-core information excluded or consolidated.
  2. A mandatory human rights and environmental due diligence bill (that was first tabled in 2023) has been revised and reintroduced to the legislative body in June 2025. The due diligence obligation (under the legislative bill for the Act on the Protection of Human Rights and the Environment for Sustainable Business Management) would apply to companies with 500 or more employees or annual revenue of KRW 200 billion or more, excluding SMEs. Covered companies would be required to establish a due diligence framework, assess actual or potential adverse impacts across their operations and supply chains, and publish annual reports. Non-compliance may lead to penalties, including fines, procurement bans, or imprisonment. It is still early days to predict the likelihood of the bill’s passage.

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B. Transition Planning

1. Has your jurisdiction set decarbonisation targets and strategies?

Yes – to reduce Korea’s carbon emissions by 40% before 2030 (compared to levels in 2018). In February 2025, Korea’s Presidential Commission on Carbon Neutrality and Green Growth announced that the 2035 NDC will be finalised and submitted to the UN around September 2025.

The previous Korean government has outlined four major decarbonisation strategies: “low-carbonisation of the economic structure”, “creation of a low-carbon industrial ecosystem”, “fair transition to a carbon-neutral society” and a “strategy of strengthening the foundation for a carbon-neutral system. No new carbon neutrality targets or strategies have been established as yet since the new government took office in June 2025.

2. Are businesses subject to any mandatory carbon pricing or other “polluter pays” instruments (such as ETS, carbon taxes or EPR schemes)? If so, please give details. If not, are there plans to do so?

In May 2012, the Emissions Trading Act was enacted, and in January 2015, the KRX launched the emission trading market (K-ETS). Based on the Emissions Trading Act, the K-ETS is a mandatory compliance market applicable to “business entities eligible for allocation”.

The Korean government has issued its GHG emission reduction targets roadmap, and accordingly allocates mandatory GHG reductions targets and emissions allowance for trading to companies whose GHG emissions exceed a certain scale, that can be traded through the emission exchange. In short, there is a mandatory compliance market for certain companies whose average total GHG emissions produced during the preceding three years are not less than 125,000 tons of comparable CO2 equivalents (CO2-eq) or with at least one place of business that has produced 25,000 tons of comparable CO2 equivalents (CO2-eq) on average during the preceding three years.

K-ETS’ participants are government-designated companies and market makers. They are Korea Development Bank, Industrial Bank of Korea, Hana Financial Investment, Korea Investment & Securities, SK Securities, KB Securities, Shinhan Securities, and NH Investment & Securities.

There are also voluntary carbon markets in Korea, including a voluntary carbon market opened by the Korea Chamber of Commerce and Industry (KCCI), which is a leading organization in the voluntary carbon market in Korea. KCCI opened a carbon emission verification and evaluation service in March 2023. Currently, KCCI is working to ensure the reliability of credits by registering with the international standard of the International Civil Aviation Organization’s Carbon Offsetting and Reduction Scheme for International Aviation.

Pursuant to the Act on the Promotion of Saving and Recycling of Resources, there are mandatory extended producer responsibility schemes for producers and importers of certain products and packaging materials (e.g. carton packs and synthetic resin) backed up by recycling targets. Failure to meet the targets attract charges.

Korea currently has no carbon tax that directly applies to emission levels.

3. Are there mandatory requirements for companies to have in place and/or disclose climate-related transition plans? If so, please give details. If not, are there plans for such requirements?

It is currently not mandatory to have or disclose a climate-related transition plan.

The draft KSSB Disclosure Standards contemplate disclosure of any climate-related transition plans, including information on the key assumptions and the factors on which the company's transition plan relies. The transition policy disclosure method and details have not yet been finalised.

4. Are there mandatory requirements to set, meet and/or disclose climate-related targets? If so, please give details. If not, are there plans for such requirements?

Korea currently has no mandatory requirements for companies to set, meet and/or disclose climate-related targets. However, the Korean government plans to enact the KSSB Disclosure Standards with respect to mandatory disclosure based on the ISSB Standards after 2026. As noted above, the draft version, which is based on IFRS S1 and S2, was released by the KSSB in 2024 and requires the disclosure of any climate-related targets which the entity has set and is required to set under law.

5. Other upcoming developments / direction of travel

In order to achieve the 2030 carbon reduction target of 40% compared to 2018 levels, goals and implementation measures for each sector such as energy conversion and industry were established in 2021 and revised in March 2023, and the revised implementation measures are still ongoing.

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C. Greenwashing Risks

1. Are there any recent examples of legal proceedings, regulatory actions or investigations against or into greenwashing in your jurisdiction?
  1. In April 2025, The Korea Fair Trade Commission (KFTC) issued warnings against major fashion brands including Zara, 8Seconds, Spao, Musinsa Standard, and Topten for greenwashing. These companies were found to have used terms such as “eco,” “sustainable,” and “eco-friendly materials” to advertise products like synthetic leather that lack environmental benefits, potentially misleading consumers. However, the KFTC decided not to impose fines, taking into account the companies' voluntary corrective actions, such as removing the misleading claims.
  2. In April 2025, POSCO and POSCO Holdings received a corrective order from the KFTC for advertising unverified products as “eco-friendly”. The KFTC concluded that such advertising could mislead consumers into believing that the products in question are environmentally friendly, and that the associated brands may be mistaken as offering products with enhanced environmental benefits.
  3. In March 2024, Climate Solutions filed a complaint against eight companies (SK Corporation, SK Siltron, SKC, SK i-Technology, SK Telecom, SK hynix, POSCO, and POSCO Holdings) for violations of the Labelling and Advertising Act and the Environmental Technology Industry Act. The complaint alleges that these companies falsely advertised that by paying the Green Premium, a system that verifies the use of renewable energy by charging an additional fee on top of the electricity bill, they had reduced GHG emissions. Climate Solutions claims that the Green Premium does not actually reduce GHG emissions and that advertising it as such is misleading. The complaint was submitted to the KFTC and the Korea Environmental Industry and Technology Institute.
  4. In February 2023, the Ministry of Environment issued an administrative guidance against SK Enmove's advertisement of carbon-neutral lubricants. SK Enmove had launched engine oils and advertised them as carbon-neutral because they were made by purchasing carbon credits from Verra, a U.S. carbon credit certifier. However, the advertisements were criticised as greenwashing, as carbon credits alone cannot permanently eliminate carbon from petroleum products. In response, the Ministry of Environment issued an advance notice of corrective order in December 2022. However, given that the advertisement and product sales had already been suspended, it was ultimately merely administrative guidance, which is not enforceable and merely serves as a recommendation to be careful about the use of related terms in the future. The KFTC decided not to prosecute.
  5. In March 2022, the KFTC decided not to prosecute SK E&S for an advertisement that claimed to “usher in the era of eco-friendly LNG” after an environmental organization filed a complaint. The KFTC ruled that the advertisement was not false or exaggerated because it was about future plans.
2. Are there any laws or regulations specifically dealing with greenwashing?

The Act on Fair Labelling and Advertising restricts unfair labels and advertisements in general, and the “Guidelines for Examination of Environmentally Related Labels and Advertisements” stipulate specific examination criteria for unfair labels and advertisements related to the environment, including greenwashing.

The “Guidelines for Labelling and Advertising of Eco-friendly Business Activities” provide examples on greenwashing.

3. What are the likely grounds on which such proceedings, actions or investigations can be instigated?

Relevant grounds include:

  1. breaches of “Guidelines for Labelling and Advertising of Eco-friendly Business Activities” – e.g. by providing false or exaggerated information about the environmental performance of a product and firm’s disclosure;
  2. breaches of the Act on Fair Labelling and Advertising and Guidelines for Examination of Environmentally Related Labels and Advertisements – e.g. by providing false or exaggerated information about the environmental performance of a product; and
  3. liability under the Financial Investment Services and Capital Markets Act– e.g. by providing materially false or misleading information in listing documents or other corporate disclosure documents.
4. Other upcoming developments / direction of travel

There are no other significant developments at this time.

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This material is provided for general information only.
It does not constitute legal or other professional advice.