On the occasion of the 100th anniversary of the establishment of the courts of Selenge Province, the Supreme Court of Mongolia, the Judicial Academy, the courts of first instance and appellate courts of the province, and the Court Secretariat jointly organized an international academic conference entitled “The Legal framework for Environmental protection and its effectiveness” in Selenge Province on 5 June 2026.

The conference was attended by Justice B.Tsogt and Justice S.Soyombo-Erdene of the Supreme Court of Mongolia; S.Zayadelger, Chief of Secretariat of the Supreme Court; D.Uuganbayar, Head of the Administrative and Management Division of the Supreme Court; D.Tulga, Head of the Foreign Relations and Cooperation Office; D.Erdenechimeg, Director of the Judicial Academy; B.Dulguun, Director of the Research Center of the Judicial Academy; S.Nasanjargal, Director of the Information Center of the Judicial Academy. The event also brought together judges of the appellate courts of Seoul and Suwon cities of the Republic of Korea; members of the Court Environmental Law Committee, the Medical Law Committee, and the Environmental Law Society; specialized consultants and university professors from the Republic of Korea; the Governor of Selenge Province and the Chairperson of the Citizens’ Representatives Khural; judges of the courts of Selenge Province; and other relevant professionals. In total, approximately 200 participants attended the conference.

Opening the conference, G. Davaarenchin, Chief Judge of the Selenge Province Appellate Court for Criminal and Civil Cases, stated: “Environmental protection, restoration, and the fight against activities that cause environmental degradation have become important issues attracting international attention. Environmental issues not only affect the fundamental human right to live in a healthy and safe environment, but also have negative long-term social and economic consequences. Therefore, they are essential matters that require serious discussion. For example, while 377 environmental crimes were recorded in 2024, this figure increased by 17 percent in 2025. In addition, environmental cases account for one percent of all administrative cases and disputes resolved within the province. I am confident that this academic conference will make a meaningful contribution to improving the relevant legal framework of our country.”

Continuing the event, Kim Tae-Hoo, President of the Korean Environmental Law Association, congratulated the Selenge Province Court on the occasion of its 100th anniversary and stated:

“Addressing and preventing environmental challenges has always been a difficult and demanding task. Environmental issues, by their nature, cannot be resolved by a single country alone; they require broad international cooperation and the exchange of experiences among nations. Therefore, I am pleased that this conference provides an opportunity for our two countries to share knowledge and best practices.”

The Governor of Selenge Province, N. Lkhagvadorj, emphasized that efforts are being made to protect the environment from pollution and degradation, preserve it for future generations, and strengthen preventive and monitoring measures. He noted that although numerous laws and regulations on environmental protection are currently in force, there remains a need for further improvement, making this discussion particularly timely and relevant.

Likewise, G. Bat-Orkhon, Chairman of the Citizens’ Representatives Khural of Selenge Province, highlighted the significance of discussing the current state of environmental legal regulation, existing challenges, and future trends. He noted that the exchange of experiences between the two countries is of great importance, as it contributes to identifying ways to address climate change and environmental degradation while enabling a realistic assessment of the current environmental situation.

During the first session of the conference, a panel discussion was held on administrative law issues.

The first presentation was delivered by D.Erdenechimeg, Director of the Judicial Academy, on the topic “Public Interest Litigation in Mongolia: The Case of Environmental Protection.” In her presentation, she emphasized that the requirement stipulated in Article 18.3.1 of the Law on Administrative Procedure is often interpreted literally rather than in accordance with its purpose and underlying intent. She further noted that while the requirement set forth in Article 3.2 serves as an important criterion for qualified and experienced entities specializing in the relevant field, it may, at the same time, place certain limitations on citizens’ access to justice and their right to file claims before the courts.

The subsequent presentation was delivered by Professor Kim Seong-Bae of the School of Law at Kookmin University on the topic, “The Enactment, Development, and Impact on Dispute Resolution of Legislation on Compensation, Remediation, and Restoration for Environmental Pollution Damage.”

In his presentation, Professor Kim emphasized that measures for addressing environmental pollution damage in the Republic of Korea have evolved from the Civil Act to the Framework Act on Environmental Policy. He explained that the Civil Act plays a fundamental role in establishing the basic framework of liability and the general principles governing compensation for damages. In contrast, the Framework Act on Environmental Policy provides stronger protection than the Civil Act by imposing strict liability for environmental pollution and related damage.

He further noted that the Act on Liability and Relief for Environmental Damage has established a comprehensive legal framework incorporating facility-based risk liability, presumptions of causation, and insurance and financing mechanisms designed to provide prompt relief to victims. At the same time, it ensures a minimum level of security for business operators through an insurance system.

Professor Kim highlighted that it is often difficult to scientifically assess and substantiate the full extent of environmental pollution damage. Therefore, one of the key approaches to alleviating this challenge has been the improvement and refinement of the legal framework, which led to the enactment of specific legislation in this field.

In addition, B. Munkhzaya, Chief Judge of the Administrative Court of First Instance of Selenge Province, delivered a presentation entitled “Adjudication of Environmental Administrative Cases and Current Challenges.”

Drawing on judicial practice, she noted that the distinction between environmental crimes and administrative violations is often made on a purely formal basis, enabling business entities to avoid criminal liability by paying fines.

She emphasized the need to clarify the wording of Article 24.6 of the Criminal Code, align sentencing policies more closely with human rights principles, and establish scientific standards for ecological and economic assessments through legislation. She also highlighted the importance of introducing unified standards for expert opinions, recognizing the “eForest” system as admissible evidence, making environmental restoration measures mandatory, and ensuring that damage assessments are based on expert findings.

 

The academic conference continued with a breakout session on criminal law. The first presentation was delivered by Kim Tae-Ho, President of the Environmental Law Association of the Judiciary of the Republic of Korea, on the topic “Key Issues and Emerging Challenges in Adjudicating Climate Change-Related Cases in the Republic of Korea.”

In his presentation, he explained that climate change-related disputes can be broadly classified into two categories: disputes concerning the causes of climate change and disputes concerning its consequences and resulting damages.

He noted that recent scientific advances have made it possible to obtain more precise and detailed assessments in such cases. However, one of the major challenges is that individuals often face difficulties in proving the harm they have suffered, which may prevent them from initiating legal proceedings.

Kim further emphasized that, in the Republic of Korea, administrative courts are often unable to adequately address environmental disputes because such cases concern not only individual rights but also the public interest. As a result, these matters are resolved by the Constitutional Court rather than by administrative courts.

The conference continued with a presentation by R.Bayarkhuu, Judge of the Inter-Soum Court of First Instance of Selenge Province, on the topic “Constituent Elements of Environmental Crimes, Characteristics of Case Classification, Criminal Liability, and Challenges in Theory and Practice.”

In his presentation, Judge Bayarkhuu emphasized that the legal framework for assessing ecological damage remains inadequate. In particular, he noted that in cases involving illegal mining activities in riverbeds, the calculated amount of environmental damage is often underestimated or, in some instances, not assessed at all.

He pointed out that, in reality, such activities cause significant harm to the safe living environment of both people and wildlife, despite the fact that these impacts are not always fully reflected in existing damage assessment methodologies.

In addition, B.Bat-Enkh, Major and Senior Enforcement Officer responsible for the execution of non-custodial sentences at the Selenge Province Court Decision Enforcement Agency, delivered a presentation entitled “Current Challenges in the Confiscation of Equipment Used in Illegal Mining Activities and the Seizure of Assets and Proceeds Derived from Crime.”

In his presentation, he noted that equipment and machinery used in the commission of illegal mining offences are transferred to the relevant state authorities for inclusion in state revenue, and responsible parties are given a specified period to surrender the assets and facilitate their transfer.

However, he emphasized that several challenges frequently arise in practice, including attempts to evade the enforcement of court decisions, failure to comply within the prescribed timeframe, and the non-transfer of seized or frozen assets to the competent authorities.

Following the keynote presentations, a panel discussion was held and moderated by T. Munkh-Erdene, Chief Judge of the Administrative Court of First Instance of the Capital City.

During the discussion, B.Tsogt, Justice of the Supreme Court of Mongolia, who participated as a panelist, remarked:

“This international academic conference addresses not only local issues but also pressing challenges facing society as a whole. The concept of environmental protection is inseparably linked to the protection of our homeland. From ancient times to the present day, the Mongolian people have maintained a tradition of protecting the environment through legal norms and practices.

Therefore, legal decisions must be practical and responsive to real-life circumstances. As society develops, the nature of legal disputes continues to evolve. In response to these changes, a global trend has emerged in which courts interpret and apply the law more dynamically. As a result, legal disputes are increasingly resolved not solely through literal interpretation, but also through consideration of the purpose and underlying principles of the law, as well as international experience and best practices.”

S. Soyombo-Erdene, Justice of the Supreme Court of Mongolia, noted:

“I have identified several important points from the presentations delivered today. International efforts to combat environmental crimes are generally based on three key pillars: raising public awareness, fostering ethical values within society, and improving the legal framework. The presentations clearly demonstrate that there is a need to further strengthen the existing legal framework.

Prior to the adoption of the revised Criminal Code in 2015, the primary source for interpreting criminal law was the Code itself. However, following the enactment of the revised Criminal Code, the range of legal sources has expanded considerably. I am confident that if legal terminology and concepts are properly understood and interpreted based on relevant sources, the application of the law will not pose significant difficulties.

In evaluating expert opinions, it is essential to carefully examine whether the expert conducted on-site assessments, whether the identified plant species are native to the relevant area, and whether all relevant factors have been appropriately considered and assessed.

I would also like to note that the Supreme Court of Mongolia has issued precedent-setting decisions in certain emerging types of cases and disputes in order to ensure consistency and uniformity in the application of the law.”

In addition, Professor Park Si-Won of the School of Law at Kangwon National University stated:

“The Republic of Korea is working toward achieving net-zero greenhouse gas emissions by 2050, with interim targets set for 2030.

In 2024, a group of adolescents filed a constitutional complaint, arguing that their right—and the right of future generations—to live in a healthy environment had been violated. This case prompted Korean society to pay greater attention to climate and environmental issues and encouraged broader, phased public discussions, elevating these concerns to the policy level.

As a result, the legal framework has been progressively strengthened, and several environmental legal instruments have been developed and put into use. Although these instruments are not yet fully developed, courts are applying them through the interpretation and implementation of existing laws.”

Professor Lee Guk-Hyeon of the School of Law at Chungbuk National University also remarked:

“It is worth highlighting the issue of standing, namely the question of who has the legal right to bring a claim. In the case of Mongolia, I found it noteworthy that there is a mechanism allowing claims to be filed in the public interest. In the Republic of Korea, the process for filing public interest claims differs from that of Mongolia. Individuals affected by environmental harm typically join together to file constitutional complaints with the Constitutional Court rather than bringing cases before the administrative courts.

In addition, as noted in several presentations during this academic conference, environmental cases in Mongolia are classified as criminal, administrative offence, and administrative matters. From a researcher’s perspective, this approach is particularly interesting.”

Concluding the international academic conference, B.Erdenekhishig, Judge of the Selenge Province Appellate Court for Criminal and Civil Cases, stated:

“We are pleased to have discussed how the judiciary should contribute to preserving the ecosystem inherited from our ancestors, explored ways to prevent environmental disputes and violations, and learned from the experience of the Republic of Korea.

It is important to recognize that, although the legal framework has been established, practical experience in its implementation remains insufficient. International best practices demonstrate that it is possible to assess environmental degradation and air pollution and to make informed judicial decisions based on such assessments.

I am confident that the knowledge and experience shared during this conference will make a meaningful contribution to the adjudication of environmental cases.”

S. Zayadelger, Chief of Secretariat of the Supreme Court of Mongolia, stated:

“Mongolia adopted its first Constitution in 1924, and the modern judiciary was established in 1926. In cooperation with the Supreme Court of Mongolia and the Judicial Academy, thematic conferences addressing contemporary issues are being organized in the six provinces where courts were first established.

Selenge Province is distinguished not only by its abundant natural resources and scenic environment—with forests covering 42 percent of its territory and rivers and waterways accounting for 55 percent—but also by its role as a major agricultural region, producing 50 to 60 percent of Mongolia’s total grain output. Consequently, the number of environmental cases and disputes in the province is comparatively higher than in other regions.

Given the significant social impact of environmental damage, the theme of this academic conference is both timely and highly relevant.

This conference is also notable for having been organized at the local level in cooperation with a foreign partner to address a major issue of global concern.

I would like to express my sincere gratitude to our colleagues from the Republic of Korea for initiating this international academic conference. I am confident that cooperation between the judicial academies of our two countries will continue to expand and deepen. I am also pleased to announce that the Supreme Court and the Judicial Academy intend to establish regional conferences and discussions as a regular tradition in the future.

I would like to extend my appreciation to all participants who traveled from afar to join this discussion and deliver presentations. I also congratulate and thank the judiciary of Selenge Province and the local authorities for their excellent organization of this event.”

With these remarks, she declared the international academic conference closed.