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Constitution of the Republic of Korea 1987 |
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We, the people of Korea, proud of a resplendent history and traditions dating
from time immemorial, upholding the cause of the Provisional Republic of Korea
Government born of the Independence Movement of 1 March 1919 and the democratic
ideals of the uprising on 19 April 1960 against injustice, having assumed the
mission of democratic reform and peaceful unification of our homeland and
having determined to consolidate national unity with Justice, humanitarianism
and brotherly love, and
To destroy all social vices and injustice, and
To afford equal opportunities to every person and provide for the fullest development
of individual capabilities in all fields, including political, economic, social
and cultural life by further strengthening the basic free and democratic order
conducive to private initiative and public harmony, and to help each person
discharge those duties and responsibilities concomitant to freedoms and rights,
and
To elevate the quality of life for all citizens and contribute to lasting world
peace and the common prosperity of mankind and thereby to ensure security, liberty
and happiness for ourselves and our posterity forever, do hereby amend, through
national referendum following a resolution by the National Assembly, the Constitution,
ordained and established on 12 July 1948, and amended eight times subsequently.
(1) The Republic of Korea is a democratic republic.
(2) The sovereignty of the Republic of Korea resides in the people, and all state authority emanates from the people.
(1) Nationality in the Republic of Korea is prescribed by law.
(2) It is the duty of the State to protect citizens residing abroad as prescribed by law.
The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands.
The Republic of Korea seeks unification and formulates and carries out a policy of peaceful unification based on the principles of freedom and democracy.
(1) The Republic of Korea endeavors to maintain international peace and renounces all aggressive wars.
(2) The Armed Forces
are charged with the sacred mission of national security and the defense of the land and their political neutrality must be maintained.
Article 6 Treaties, Foreigners
(1) Treaties duly concluded and promulgated under the Constitution and the generally recognized rule of international law have the same effect as the domestic laws of the Republic of Korea.
(2) The status of foreigners is guaranteed as prescribed by international law and treaties.
(1) All public officials are servants of the entire people and responsible to the people.
(2) The status and political impartiality of public officials is guaranteed as prescribed by law.
(1) The establishment of political parties is free, and the plural party system is guaranteed.
(2) Political parties must be democratic in their objectives, organization, and activities, and have the necessary organizational arrangements for the people to participate in the formation of the political will.
(3) Political parties enjoy the protection of the State and may be provided with operational funds by the State under the conditions as prescribed by law.
(4) If the purposes or activities of a political party are contrary to the fundamental democratic order, the Government may bring action against it in the Constitutional Court for its dissolution, and, the political party is dissolved in accordance with the decision of the Constitutional Court.
The State tries to sustain and develop the cultural heritage and to enhance national culture.
Chapter II Rights and Duties of the Citizens
Article 10 Dignity, Pursuit of Happiness
All citizens are assured of human worth and dignity (1) All citizens are equal (2) No privileged caste is recognized or ever established in any form. (3) The awarding of decorations or distinctions of honor in any form is effective
only for recipients, and no privileges ensue therefrom. Article 12 Personal Liberty, Personal Integrity
(1) All citizens enjoy personal liberty. No person may be arrested, detained,
searched, seized, or interrogated except as provided by law. No person may
be punished, placed under preventive restrictions, or subject to involuntary
labor except as provided by law and through lawful procedures. (2) No citizens may be tortured or be compelled to testify against himself
in criminal cases. (3) Warrants issued by a judge through due procedures upon the request of
a prosecutor have to be presented in case of arrest, detention, seizure, or
search: Provided, that in a case where a criminal suspect is a apprehended
in flagrante delicto, or where there is danger that a person suspected
of committing a crime punishable by imprisonment of three years or more may
escape or destroy evidence, investigative authorities may request an ex
post facto warrant. (4) Any person who is arrested or detained has the right to prompt assistance
of counsel. When a criminal defendant is unable to secure counsel by his own
efforts, the State assigns counsel for the defendant as prescribed by law. (5) No person may be arrested or detained without being informed of the reason
therefore and of his right to assistance of counsel. The family and other
related persons, as designated by law, of a person arrested or detained shall
be notified without delay of the reason for and the time and place of the
arrest or detention. (6) Any person who is arrested or detained, has the right to request the
court to review the legality of the arrest or detention. (7) In a case where a confession is deemed to have been made against a defendant's
will due to torture, violence, intimidation, unduly prolonged arrest, deceit
or similar action, or in a case where a confession is the only evidence against
a defendant in a formal trial, such a confession may not be admitted as evidence
of guilt, nor may a defendant be punished by reason of such a confession. Article 13 nulla poena sine lege, double jeopardy, retroactive
law, family liability
(1) No citizen may be prosecuted for an act which does not constitute a
crime under the law in force at the time it was committed, nor may he be placed
in double jeopardy. (2) No restrictions may be imposed upon the political rights of any citizen,
nor may any person be deprived of property rights by means of retroactive
legislation. (3) No citizen shall suffer unfavorable treatment on account of an act not
of his own doing but committed by a relative. All citizens enjoy the freedom of residence and the right to move at will.
All citizens enjoy freedom of occupation.
Article 16 Home, Search, Seizure
All citizens are free from intrusion into their place of residence. In case
of search or seizure in a residence, a warrant issued by a judge upon request
of a prosecutor has to be presented.
The privacy of no citizen may be infringed.
Article 18 Secrecy of Correspondence
The secrecy of correspondence of no citizen may be infringed.
All citizens enjoy the freedom of conscience (1) All citizens enjoy the freedom of religion. (2) No state religion may be recognized, and church and state are to be separated. Article 21 Speech, Press, Assembly, Association, Honor,
Public Morals
(1) All citizens enjoy the freedom of speech (2) Licensing or censorship of speech and the press, and licensing of assembly
and association may not be recognized. (3) The standard of news service and broadcast facilities and matters necessary
to ensure the functions of newspapers is determined by law. (4) Neither speech nor the press may violate the honor or rights of other
persons nor undermine public morals or social ethics. Should speech or the
press violate the honor or rights of other persons, claims may be made for
the damage resulting therefrom. Article 22 Learning, Intellectual Rights
(1) All citizens enjoy the freedom of learning and the arts. (2) The rights of authors, inventors, scientists, engineers, and artists
are protected by law. Article 23 Property, Public Welfare, Expropriation
(1) The right to property (2) The exercise of property rights shall conform to the public welfare. (3) Expropriation, use, or restriction of private property from public necessity
and compensation therefore are governed by law. However, in such a case, just
compensation must be paid. All citizens have the right to vote Article 25 Right to Public Office
All citizens have the right to hold public office under the conditions prescribed
by law.
(1) All citizens have the right to petition in writing to any governmental
agency under the conditions prescribed by law. (2) The State is obligated to examine all such petitions. (1) All citizens have the right to be tried in conformity with the law by
judges qualified under the Constitution and the law. (2) Citizens who are not on active military service or employees of the military
forces may not be tried by a court martial within the territory of the Republic
of Korea, except in case of crimes as prescribed by law involving important
classified military information, sentinels, sentry posts, the supply of harmful
food and beverages, prisoners of war, and military articles and facilities,
and in the case of the proclamation of extraordinary martial law. (3) All citizens have the right to a speedy trial. The accused have the right
to a public trial without delay in the absence of justifiable reasons to the
contrary. (4) The accused are presumed innocent until a judgment of guilt has been
pronounced. (5) A victim of a crime is entitled to make a statement during the proceedings
of the trial of the case involved under the conditions prescribed by law. In a case where a criminal suspect or an accused person who has been placed
under detention is not indicted as provided by law or is acquitted by a court,
he is entitled to claim just compensation from the State under the conditions
as prescribed by law.
Article 29 State and Official's Liability
(1) In case a person has sustained damages by an unlawful act committed
by a public official in the course of official duties, he may claim just compensation
from the State or public organization under the conditions as prescribed by
law. In this case, the public official concerned are not immune from liabilities. (2) In case a person on active military service or an employee of the military
forces, a police official, or others as prescribed by law sustains damages
in connection with the performance of official duties such as combat action,
drill, and so forth, he is not entitled to a claim against the State or public
organization on the grounds of unlawful acts committed by public officials
in the course of official duties, but only to compensations as prescribed
by law. Citizens who have suffered bodily injury or death due to criminal acts of others
may receive aid from the State under the conditions as prescribed by law.
(1) All citizens have an equal right to receive an education corresponding
to their abilities. (2) All citizens who have children to support are responsible at least for
their elementary education and other education as (3) Compulsory education is free of charge. (4) Independence, professionalism, and political impartiality of education
and the autonomy of institutions of higher learning are guaranteed under the
conditions as prescribed by law. (5) The State promotes lifelong education. (6) Fundamental matters pertaining to the educational system, including schools
and lifelong education, administration, finance, and the status of teachers
are determined by law. (1) All citizens have the right to work. The State endeavors to promote
the employment of workers and to guarantee optimum wages through social and
economic means and enforces a minimum wage system under the conditions as
prescribed by law. (2) All citizens have the duty to work. The State prescribes by law the extent
and conditions of the duty to work in conformity with democratic principles. (3) Standards of working conditions are determined by law in such a way as
to guarantee human dignity. (4) Special protection has to be accorded to working women, and they may
not be subjected to unjust discrimination in terms of employment, wages, and
working conditions. (5) Special protection has to be accorded to working children. (6) The opportunity to work shall be accorded preferentially, under the conditions
as prescribed by law, to those who have given distinguished service to the
State, wounded veterans and policemen, and members of the bereaved families
of military servicemen and policemen killed in action. (1) To enhance working conditions, workers have the right to independent
association, collective bargaining, and collective action. (2) Only those public officials who are designated by law, have the right
to association, collective bargaining, and collective action. (3) The right to collective action of workers employed by important defense
industries may be either restricted or denied under the conditions as prescribed
by law. (1) All citizens are entitled to a life worthy of human beings. (2) The State has the duty to endeavor to promote social security and welfare. (3) The State endeavors to promote the welfare and rights of women. (4) The State has the duty to implement policies for enhancing the welfare
of senior citizen and the young. (5) Citizens who are incapable of earning a livelihood due to a physical
disability, disease, old age, or other reasons are protected by the State
under the conditions as prescribed by law. (6) The State endeavors to prevent disasters and to protect citizens from
harm therefrom. Article 35 Environment, Housing
(1) All citizens have the right to a healthy and pleasant environment. The
State and all citizens shall endeavor to protect the environment. (2) The substance of the environmental right is determined by law. (3) The State endeavors to ensure comfortable housing for all citizens through
housing development policies and the like. Article 36 Marriage, Family, Mothers, Health
(1) Marriage and family life are entered into and sustained on the basis
of individual dignity and equality of the sexes, and the State must do everything
in its power to achieve that goal. (2) The State endeavors to protect mothers. (3) The health of all citizens is protected by the State. Article 37 Restriction, No Infringement of Essentials
(1) Freedoms and rights of citizens may not be neglected on the grounds
that they are not enumerated in the Constitution. (2) The freedoms and rights of citizens may be restricted by law only when
necessary for national security, the maintenance of law and order, or for
public welfare. Even when such restriction is imposed, no essential All citizens have the duty to pay taxes under the conditions as prescribed
by law.
Article 39 Duty to Military Service
(1) All citizens have the duty of national defense under the conditions
as prescribed by law. (2) No citizen may be treated unfavorably on account of the fulfillment of
his obligation of military service. Chapter III The National Assembly
The legislative power is vested in the National Assembly (1) The National Assembly is composed of members elected by universal, equal,
direct, and secret ballot by the citizens. (2) The number of members of the National Assembly is determined by law,
but the number may not be less than 200. (3) The constituencies of members of the National Assembly, proportional
representation, and other matters pertaining to National Assembly elections
are determined by law. The term of office of members of the National Assembly is four years.
Members of the National Assembly may not concurrently hold any other office
prescribed by law.
(1) During the sessions of the National Assembly, no member of the National
Assembly may be arrested or detained without the consent of the National Assembly
except in case of flagrante delicto. (2) In case of apprehension or detention of a member of the National Assembly
prior to the opening of a session, such member must be released during the
session upon the request of the National Assembly, except in case of flagrante
delicto. No member of the National Assembly can be held responsible outside the National
Assembly for opinions officially expressed or votes cast in the Assembly.
(1) Members of the National Assembly have the duty to maintain high standards
of integrity. (2) Members of the National Assembly must give preference to National interests
and perform their duties in accordance with conscience. (3) Members of the National Assembly may not acquire, through abuse of their
positions, rights, and interests in property or positions, or assist other
persons to acquire the same, by means of contracts with or dispositions by
the State, public organizations, or industries. (1) A regular session of the National Assembly is convened once every year
under the conditions prescribed by law, and extraordinary sessions of the
National Assembly can be convened upon the request of the President or at
least one-fourth of the members. (2) The period of regular sessions cannot exceed a hundred days, and that
of extraordinary sessions, thirty days. (3) If the President requests the convening of an extraordinary session,
the period of the session and the reasons for the request must be clearly
specified. The National Assembly elects one Speaker and two Vice-Speakers.
Except as otherwise provided in the Constitution or by law, the attendance
of a majority of the total members, and the concurrent vote of a majority of
the members present, are necessary for decisions of the National Assembly. In
case of a tie vote, the matter is regarded as rejected.
(1) Sessions of the National Assembly are open to the public: Provided, that
when it is decided so by a majority of the members present, when the Speaker
deems it necessary to do so for the sake of national security, they may be closed
to the public.
(2) The public disclosure of the proceedings of sessions which were not open
to the public is determined by law.
Bills and other matters submitted to the National Assembly for deliberation
cannot be abandoned on the ground that they were not acted upon during the session
in which they were introduced, except in a case where the term of the members
of the National Assembly has expired.
Bills may be introduced by members of the National Assembly or by the Executive.
(1) Each bill (2) In case of objection to the bill, the President may, within the period
referred to in Paragraph (1), return it to the National Assembly with written
explanation of his objection, and request it be reconsidered. The President
may do the same during adjournment of the National Assembly. (3) The President may not request the National Assembly to reconsider the
bill in part, or with proposed amendments. (4) In case there is a request for reconsideration of a bill, the National
Assembly reconsiders it, and if the National Assembly repasses the bill in
the original form with the attendance of more than one half of the total members,
and with a concurrent vote of two-thirds or more of the members present, it
becomes law. (5) If the President does not promulgate the bill, or does not request the
National Assembly to reconsider it within the period referred to in Paragraph
(1) it becomes law. (6) The President promulgate without delay the law as finalized under Paragraphs
(4) and (5). If the President does not promulgate a law within five days after
it has become law under Paragraph (5), or after it has been returned to the
Executive under Paragraph (4), the Speaker promulgates it. (7) Except as provided otherwise, a law takes effect twenty days after the
date of promulgation. (1) The National Assembly deliberates and decides upon the national budget (2) The Executive formulates the budget bill for each fiscal year and submits
it to the National Assembly within ninety days before the beginning of a fiscal
year. The National Assembly decides upon it within thirty days before the
beginning of the fiscal year. (3) If the budget bill is not passed by the beginning of the fiscal year,
the Executive may, in conformity with the budget of the previous fiscal year,
disburse funds for the following purposes until the budget bill is passed
by the National Assembly: 1) The maintenance and operation of agencies and facilities established
by the Constitution or law; 2) Execution of the obligatory expenditures as prescribed by law; and 3) Continuation of projects previously approved in the budget. (1) In a case where it is necessary to make continuing disbursements for
a period longer than one fiscal year, the Executive obtains the approval of
the National Assembly for a specified period of time. (2) A reserve fund is to be approved by the National Assembly in total. The
disbursement of the reserve fund shall be approved during the next session
of the National Assembly. When it is necessary to amend the budget, the Executive may formulate a supplementary
revised budget bill and submit it to the National Assembly.
Article 57 Changes of Budget Bill
The National Assembly shall, without the consent of the Executive, neither
increase the sum of any item of expenditure nor create any new items of expenditure
in the budget submitted by the Executive.
Article 58 Issuing National Bonds
When the Executive plans to issue national bonds or to conclude contracts which
may incur financial obligations on the State outside the budget, it needs the
prior concurrence of the National Assembly.
Types and rates of taxes are determined by law.
Article 60 Consent to Treaties
(1) The National Assembly has the right to consent to the conclusion and
ratification of treaties pertaining to mutual assistance or mutual security;
treaties concerning important international organizations; treaties of friendship,
trade and navigation; treaties pertaining to any restriction in sovereignty;
peace treaties; treaties which will burden the State or people with an important
financial obligation; and treaties related to legislative matters. (2) The National Assembly also has the right to consent to the declaration
of war, the dispatch of armed forces to foreign states, and the stationing
of alien forces in the territory of the Republic of Korea. (1) The National Assembly may inspect affairs of state or investigate specific
matters of state affairs, and may demand the production of documents directly
related thereto, the appearance of a witness in person, and the furnishing
of testimony or statements of opinion. (2) The procedures and other necessary matters concerning the inspection
and investigation of state administration are determined by law. Article 62 Government in Parliament
(1) The Prime Minister, members of the State Council, or government delegates
may attend meetings of the National Assembly or its committees and report
on the state administration or deliver opinions and answer questions. (2) When requested by the National Assembly or its committees, the Prime
Minister, members of the State Council, or government delegates have to attend
any meeting of the National Assembly and answer questions. If the Prime Minister
or State Council members are requested to attend, the Prime Minister or State
Council members may have State Council members or government delegates attend
any meeting of the National Assembly and answer questions. Article 63 Recommendation for Removal
(1) The National Assembly may pass a recommendation for the removal of the
Prime Minister or a State Council member from office. (2) A recommendation for removal as referred to in Paragraph (1) may be introduced
by one third or more of the total members of the National Assembly, and passed
with the concurrent vote of a majority of the total members of the National
Assembly. Article 64 Proceedings, Disciplinary Actions
(1) The National Assembly may establish the rules of its proceedings and
internal regulations, provided that they are not in conflict with law. (2) The National Assembly may review the qualifications of its members and
may take disciplinary actions against its members. (3) The concurrent vote of two-thirds or more of the total members of the
National Assembly are required for the expulsion of any member. (4) No action may be brought to court with regard to decisions taken under
Paragraphs (2) and (3). (1) In case the President, the Prime Minister, members of the State Council,
heads of Executive Ministries, judges of the Constitutional Court, judges,
members of the Central Election Management Committee, members of the Board
of Audit and Inspection, and other public officials designated by law have
violated the Constitution or other laws in the performance of official duties,
the National Assembly may pass motions for their impeachment. (2) A motion for impeachment prescribed in Paragraph (1) may be proposed
by one-third or more of the total members of the National Assembly, and requires
a concurrent vote of a majority of the total members of the National Assembly
for passage: Provided, that a motion for the impeachment of the President
shall be proposed by a majority of the total members of the National Assembly
and approved by two-thirds or more of the total members of the National Assembly. (3) Any person against whom a motion for impeachment has been passed is suspended
from exercising his power until the impeachment has been adjudicated. (4) A decision on impeachment does not extend further than removal from public
office. However, it does not exempt the person impeached from civil or criminal
liability. (1) The President is the Head of State (2) The President has the responsibility and duty to safeguard the independence,
territorial integrity, and continuity of the State and the Constitution. (3) The President has the duty to pursue sincerely the peaceful unification
of the homeland. (4) Executive power is vested in the Executive Branch headed by the President. (1) The President is elected by universal, equal, direct, and secret ballot
by the people. (2) In case two or more persons receive the same largest number of votes
in the election as referred to in Paragraph (1), the person who receives the
largest number of votes in an open session of the National Assembly attended
by a majority of the total members of the National Assembly is elected. (3) If and when there is only one presidential candidate, he shall not be
elected President unless he receives at least one-third of the total eligible
votes. (4) Citizens who are eligible for election to the National Assembly, and
who have reached the age of forty years or more on the date of the presidential
election, are eligible to be elected to the presidency. (5) Matters pertaining to presidential elections are determined by law. (1) The successor to the incumbent President is elected seventy to forty
days before his term expires. (2) In case a vacancy occurs in the office of the President or the President-elect
dies, or is disqualified by a court ruling or for any other reason, a successor
is to be elected within sixty days. Article 69 Oath "I do solemnly swear before the people that I will faithfully execute the
duties of the President by observing the Constitution, defending the State,
pursuing the peaceful unification of the homeland, promoting the freedom and
welfare of the people, and endeavoring to develop national culture."
The term of office of the President is five years, and the President cannot
be reelected.
If the office of the presidency is vacant or the President is unable to perform
his duties for any reason, the Prime Minister or the members of the State Council
in the order of priority as determined by law act for him.
Article 72 Referendum on Policy
The President may submit important policies relating to diplomacy, national
defense, unification, and other matters relating to the national destiny to
a national referendum if he deems it necessary.
Article 73 Treaties, Foreign Affairs
The President concludes and ratifies treaties; accredits, receives, or dispatches
diplomatic envoys; and declares war and concludes peace.
(1) The President is Commander-in-Chief of the Armed Forces (2) The organization and formation of the Armed Forces is determined by law. The President may issue presidential decrees concerning matters delegated to
him by law with the scope specifically defined and also matters necessary to
enforce laws.
(1) In time of internal turmoil, external menace, natural calamity, or a
grave financial or economic crisis, the President may take in respect to them
the minimum necessary financial and economic actions or issue orders having
the effect of law, only when it is required to take urgent measures for the
maintenance of national security or public peace and order, and there is no
time to await the convocation of the National Assembly. (2) In case of major hostilities affecting national security, the President
may issue orders having the effect of law, only when it is required to preserve
the integrity of the nation, and it is impossible to convene the National
Assembly. (3) In the case of actions taken or orders issued under paragraphs (1) and
(2), the President promptly notifies the National Assembly and obtains its
approval. (4) If no approval is obtained, the actions or orders lose effect. In that
case, laws which were amended or abolished by the orders in question automatically
regain their original effect at the moment the orders fail to obtain approval. (5) The President hat to publicize, without delay, developments under paragraphs
(3) and (4). (1) When it is required to cope with a military necessity or to maintain
the public safety and order by mobilization of the military forces in time
of war, armed conflict or similar national emergency, the President may proclaim
martial law under the conditions as prescribed by law. (2) Martial law takes one of two types: extraordinary martial law and precautionary
martial law. (3) Under extraordinary martial law, special measures may be taken with respect
to the necessity for warrants, freedom of speech, the press, assembly and
association, or the powers of the Executive and the Judiciary under the conditions
as prescribed by law. (4) When the President has proclaimed martial law, he has to notify the National
Assembly without delay. (5) When the National Assembly requests the lifting of martial law with the
concurrent vote of a majority of the total members of the National Assembly,
the President has to comply. Article 78 Appointment, Dismissal of Public Officers
The President appoints and dismisses public officers under the conditions prescribed
by the Constitution and by law.
(1) The President may grant amnesty, commutation and restoration of rights
under the conditions as prescribed by law.
(2) The President needs the consent of the National Assembly in granting a
general amnesty.
(3) Matters pertaining to amnesty, commutation and restoration of rights are
determined by law.
The President awards decorations and other honors under the conditions determined
by law.
Article 81 Address to National Assembly
The President may attend and address the National Assembly or express his views
by written message.
The acts of the President under law are to be executed in writing, and such
documents must be countersigned by the Prime Minister and the members of the
State Council concerned. The same applies to military affairs.
The President may not concurrently hold the office of Prime Minister, a member
of the State Council, the head of any Executive Ministry, nor other public or
private posts as prescribed by law.
The President cannot be charged with a criminal offense during his tenure of
office except for insurrection or treason.
Matters pertaining to the status and courteous treatment of former Presidents
are determined by law.
Section 2 The Executive Branch
Subsection 1 The Prime Minister and Members of the State Council (1) The Prime Minister is appointed by the President with the consent of the
National Assembly.
(2) The Prime Minister assists the President and directs the Executive Ministries
from active duty.
(3) No Member of the Military can be appointed Prime Minister unless he is
retired from active duty.
Article 87 Members of State Council
(1) The members of the State Council are appointed by the President on the
recommendation of the Prime Minister.
(2) The Members of the State Council assist the President until the removal
of a member of the State Council from office.
(3) The Prime Minister may recommend to the President the removal of a member
of the State Council from office.
(4) No member of the military can be appointed a member of the State Council
unless he is retired from active duty.
Subsection 2 The State Council
(1) The State Council (2) The State Council is composed of the President, the Prime Minister, and
other members numbering no more than thirty and no less than fifteen. (3) The President is the chairman of the State Council, and the Prime Minister
is the Vice-Chairman. The following matters are referred to the State Council for deliberation:
1) Basic plans for state affairs, and general policies of the Executive; 2) Declaration of war, conclusion of peace, and other important matters pertaining
to foreign Policy; 3) Draft amendments to the Constitution, proposals for national referendums,
proposed treaties, legislative bills, and proposed presidential decrees; 4) Budgets, settlement of accounts, basic plans for disposal of state properties,
contracts incurring financial obligation on the State, and other important
financial matters; 5) Emergency orders and emergency financial and economic actions or orders
by the President, and declaration and termination of martial law; 6) Important military affairs; 7) Requests for convening an extraordinary session of the National Assembly; 8) Awarding of honors; 9) Granting of amnesty, commutation, and restoration of rights; 10) Demarcation of jurisdiction between Executive Ministries; 11) Basic plans concerning delegation or allocation of powers within the
Executive; 12) Evaluation and analysis of the administration of State affairs; 13) Formulation and coordination of important policies of each Executive
Ministry; 14) Action for the dissolution of a political party; 15) Examination of petitions pertaining to executive policies submitted or
referred to the Executive; 16) Appointment of the Prosecutor General, the Chairman of the Joint Chiefs
of Staff, the Chief of Staff of each armed service, the presidents of national
universities, ambassadors, and such other public officials and managers of
important State-run enterprises as designated by law; and 17) Other matters presented by the President, the Prime Minister, or a member
of the State Council. Article 90 Advisory Council of Elder Statesmen
(1) An Advisory Council of Elder Statesmen, composed of elder statesmen,
may be established to advise the President on important affairs of State. (2) The immediate former President becomes the Chairman of the Advisory Council
of Elder Statesmen: Provided, that if there is no immediate former President,
the President appoints the Chairman. (3) The Organization, function, and other necessary matters pertaining to
the Advisory Council of Elder Statesmen are determined by law. Article 91 National Security Council (1) A National Security Council is established to advise the President on
the formulation of foreign, military, and domestic policies related to national
security prior to their deliberation by the State Council. (2) The meetings of the National Security Council are presided over by the
President. (3) The organization, function, and other necessary matters pertaining to
the National Security Council are determined by law. Article 92 Advisory Council on Democracy and Peaceful
Unification
(1) An Advisory Council on Democratic and Peaceful Unification may be established
to advise the President on the formulation of peaceful unification policy. (2) The organization, function, and other necessary matters pertaining to
the Advisory Council on Democratic and Peaceful Unification are determined
by law. Article 93 National Economic Advisory Council
(1) A National Economic Advisory Council may be established to advise the
President on the formulation of important policies for developing the national
economy. (2) The organization, function, and other necessary matters pertaining to
the National Economic Advisory Council are determined by law. Subsection 3 The Executive Ministries
Article 94 Heads of Ministries
The Heads of Executive Ministries are appointed by the President from among
members of the State Council on the recommendation of the Prime Minister.
The Prime Minister or the head of each Executive Ministry may, under the powers
delegated by law or Presidential Decree, or ex offcio, issue ordinances
of the Prime Minister or the Executive Ministry concerning matters that are
within their jurisdiction.
Article 96 Ministry Organization
The establishment, organization, and function of each Executive Ministry are
determined by law.
Subsection 4 The Board of Audit and Inspection Article 97 Board of Audit and Inspection
The Board of Audit and Inspection is established under the direct jurisdiction
of the President to inspect and examine the settlement of the revenues and expenditures
of the State, the accounts of the State, and other organizations specified by
law and the job performances of the executive agencies and public officials.
(1) The Board of Audit and Inspection is composed of no less than five and
no more than eleven members, including the Chairman. (2) The Chairman of the Board is appointed by the President with the consent
of the National Assembly. The term of office of the Chairman is four years,
and he may be reappointed only once. (3) The members of the Board are appointed by the President on the recommendation
of the Chairman. The term of office of the members is four years, and they
may be reappointed only once. The Board of Audit and Inspection inspects the closing of accounts of revenues
and expenditures each year, and reports the results to the President and the
National Assembly in the following year.
The organization and function of the Board of Audit and Inspection, the qualifications
of its members, the range of the public official's subject to inspection, and
other necessary matters are determined by law.
(1) Judicial power is vested in courts (2) The courts comprise the Supreme Court, which is the highest court of the
State, and courts at specified levels.
(3) Qualifications for judges are determined by law.
Article 102 Court Organization
(1) Departments may be established in the Supreme Court.
(2) There are Supreme Court Justices at the Supreme Court: Provided, that judges
other than Supreme Court Justices may be assigned to the Supreme Court under
the conditions as prescribed by law.
(3) The organization of the Supreme Court and lower courts is determined by
law.
Article 103 Independence of Judges
Judges rule independently Article 104 Appointment of Judges
(1) The Chief Justice of the Supreme Court is appointed by the President
with the consent of the National Assembly. (2) The Supreme Court Justices are appointed by the President on the recommendation
of the Chief Justice and with the consent of the National Assembly. (3) Judges other than the Chief Justice and the Supreme Court Justices are
appointed by the Chief Justice with the consent of (1) The term of office of the Chief Justice is six years and he cannot be
reappointed. (2) The term of office of the Justices of the Supreme Court is six years
and they may be reappointed as prescribed by law. (3) The term of office of judges other than the Chief Justice and Justices
of the Supreme Court is ten years, and they may be reappointed under the conditions
as prescribed by law. (4) The retirement age of judges is determined by law. Article 106 Sanctions, Early Retirement
(1) No judge may be removed from office except by impeachment or a sentence
of imprisonment or heavier punishment, nor may he be suspended from office,
have his salary reduced, or suffer any other unfavorable treatment except
by disciplinary action. (2) In the event a judge is unable to discharge his official duties because
of serious mental or physical impairment, he may be retired from office under
the conditions as prescribed by law. Article 107 Constitutional Review
(1) When the constitutionality of a law is at issue in trial, the court
requests a decision of the Constitutional Court, and judges according to the
decision thereof. (2) The Supreme Court has the power to make a final review of the constitutionality
or legality of administrative decrees, regulations or actions, when their
constitutionality or legality is at issue in a trial. (3) Administrative appeals may be conducted as a procedure prior to a judicial
trial. The procedure of administrative appeals are determined by law and are
in conformity with the principles of judicial procedures. Article 108 Court Administration
The Supreme Court may establish, within the scope of law, regulations, pertaining
to judicial proceedings and internal discipline and regulations on administrative
matters of the court.
Trials and decisions of the courts are open to the public: Provided, that when
there is a danger that such trials may undermine the national security or disturb
public safety and order, or be harmful to public morals, trials may be closed
to the public by court decision.
(1) Courts martial may be established as special courts to exercise jurisdiction
over military trials. (2) The Supreme Court has the final appellate jurisdiction over courts martial. (3) The organization and authority of courts martial, and the qualifications
of their judges are determined by law. (4) Military trials under an extraordinary martial law may not be appealed
in case of crimes of soldiers and employees of the military; military espionage;
and crimes as defined by law in regard to sentinels, sentry posts, supply
of harmful foods and beverages, and prisoners of war, except in the case of
a death sentence.
Chapter VI The Constitutional Court
Article 111 Competence, Appointment
(1) The Constitutional Court 1) The unconstitutionality of law upon the request of the courts; 2) Impeachment; 3) Dissolution of a political party; 4) Disputes about the jurisdictions between State agencies, between State
agencies and local governments, and between local governments, and 5) Petitions relating to the Constitution as prescribed by law. (2) The Constitutional Court is composed of nine adjudicators qualified to
be court judges, and they are appointed by the President. (3) Among the adjudicators referred to in Paragraph (2), three are appointed
from persons selected by the National Assembly, and three appointed from persons
nominated by the Chief Justice. (4) The head of the Constitutional Court is appointed by the President from
among the adjudicators with the consent of the National Assembly. Article 112 Term, Incompatibility
(1) The term of office of the adjudicators of the Constitutional Court is
six years, and they may be reappointed under the conditions as prescribed by
law.
(2) The adjudicators of the Constitutional Court may not join any political
party nor participate in political activities.
(3) No adjudicator of the Constitutional Court can be expelled from office
except by impeachment or a sentence of imprisonment or heavier punishment.
Article 113 Majority, Internal Regulations
(1) When the Constitutional Court makes a decision on the unconstitutionality
of a law, impeachment, dissolution of a political party, or a petition relating
to the Constitution, the concurrence of at least six adjudicators is required. (2) The Constitutional Court may establish regulations relating to its proceedings
and internal discipline and regulations on administrative matters within the
limits of law. (3) The organization, function, and other necessary matters of the Constitutional
Court are determined by law.
Chapter VII Election Management
(1) Election Management Committees are established for the purpose of fair
management of elections and national referenda, and dealing with administrative
affairs concerning political parties. (2) The Central Election Management Committee is composed of three members
appointed by the President, three members selected by the National Assembly,
and three members designated by the Chief Justice of the Supreme Court. The
Chairman of the Committee is elected from among the members. (3) The term of office of the members of the Committee is six years. (4) The members of the Committee may not join political parties, nor participate
in political activities. (5) No member of the Committee can be expelled from office except by impeachment
or a sentence of imprisonment or heavier punishment. (6) The Central Election Management Committee may establish, within the limit
of laws and decrees, regulations relating to the management of elections,
national referenda, and administrative matters concerning political parties
and may also establish regulations relating to internal discipline that are
compatible with law. (7) The organization, function, and other necessary matters of the Election
Management Committees at each level are determined by law. (1) Election Management Committees at each level may issue necessary instructions
to administrative agencies concerned with respect to administrative matters
pertaining to elections and national referenda such as the preparation of
the pollbooks. (2) Administrative agencies concerned, upon receipt of such instructions,
have to comply. (1) Election campaigns are conducted under the management of the Election
Management Committees at each level within the limit set by law. Equal opportunity
has to be guaranteed. (2) Except as otherwise prescribed by law, expenditures for elections are
not imposed on political parties or candidates.
(1) Local governments (2) The types of local governments are determined by law. (1) A local government has a council. (2) The organization and powers of local councils, and the election of members,
election procedures for heads of local governments, and other matters pertaining
to the organization and operation of local governments are determined by law. Article 119 Regulation and Coordination
(1) The economic order of the Republic of Korea is based on a respect for
the freedom and creative initiative of enterprises and individuals in economic
affairs. (2) The State may regulate and coordinate economic affairs in order to maintain
the balanced growth and stability of the national economy, to ensure proper
distribution of income, to prevent the domination of the market and the abuse
of economic power, and to democratize the economy through harmony among the
economic agents. (1) Licenses to exploit, develop, or utilize minerals and all other important
underground resources, marine resources, water power, and natural powers available
for economic use may be granted for a period of time under the conditions
as prescribed by law. (2) The land and natural resources are protected by the State, and the State
establishes a plan necessary for their balanced development and utilization. (1) The State endeavors to realize the land-to-the-tillers principle with
respect to agricultural land. Tenant farming is prohibited. (2) The leasing of agricultural land and the consignment management of agricultural
land to increase agricultural productivity and to ensure the rational utilization
of agricultural land or due to unavoidable circumstances, is recognized under
the conditions as prescribed by law. The State may impose, as under the conditions prescribed by law, restrictions
or obligations necessary for the efficient and balanced utilization, development,
and preservation of the land of the nation that is the basis for the productive
activities and daily lives of all citizens.
Article 123 Farming and Fishing
(1) The State establishes and implements a plan to comprehensively develop
and support the farm and fishing communities in order to protect and foster
agriculture and (2) The State has the duty to foster regional economies to ensure the balanced
development of all regions. (3) In order to protect the interests of farmers and fishermen, the State
endeavors to stabilize the prices of agricultural and fishery products by
maintaining an equilibrium between the demand and supply of such products
and improving their marketing and distribution systems. (4) The State fosters organizations founded on the spirit of self-help among
farmers, fishermen, and businessmen engaged in small and medium industry and
guarantees their independent activities and development. Article 124 Consumer Protection
The State guarantees a consumer protection movement intended to encourage sound
consumption activities and improvement in the quality of products under the
conditions as prescribed by law.
The State fosters foreign trade, and may regulate and coordinate it.
Private enterprises may not be nationalized nor transferred to ownership by
a local government, nor shall their management be controlled or administered
by the State, except in cases as prescribed by law to meet urgent necessities
of national defense or the national economy.
Article 127 Innovation, Standardization
(1) The State strives to improve the national economy by developing science
and technology, information and human resources, and encouraging innovation. (2) The State establishes a system of national standards. (3) The President may establish advisory organizations necessary to achieve
the purpose referred to in Paragraph (1). Chapter X Amendments to the Constitution
(1) A proposal to amend the Constitution can be introduced either by a majority
of the total members of the National Assembly or by the President. (2) Amendments to the Constitution for the extension of the term of office
of the President or for a change allowing for the re-election of the President
are not effective for the President in office at the time of the proposal
for such amendments to the Constitution. Proposed amendments to the Constitution are presented to the public by the
President for twenty days or more.
Article 130 Majority, Referendum (1) The National Assembly decides upon the proposed amendments within sixty
days of the public announcement, and passage by the National Assembly requires
the concurrent vote of two-thirds or more of the total members of the National
Assembly. (2) The proposed amendments to the Constitution are submitted to a national
referendum not later than thirty days after passage by the National Assembly,
and are confirmed by more than one half of all votes cast by more than one
half of voters eligible to vote in elections for members of the National Assembly. (3) When the proposed amendments to the Constitution receive the concurrence
prescribed in Paragraph (2), the amendments to the Constitution is finalized,
and the President promulgates it without delay. This Constitution enters into force on 25 Feb 1988: Provided, that the enactment
or amendment of laws necessary to implement this Constitution, the elections
of the President and the National Assembly under this Constitution, and other
preparations to implement this constitution may be carried out prior to the
entry into force of this constitution.
Article 2 First Presidential Election
(1) The first presidential election under this constitution is held not later
than forty days before this Constitution enters into force.
(2) The term of office of the First President under this Constitution commences
on the date of its enforcement.
Article 3 First Parliamentary Elections
(1) The first elections of the National Assembly under this Constitution are
held within six months from the promulgation of this Constitution. The term
of office of the members of the first National Assembly elected under this Constitution
commences on the date of the first convening of the national Assembly under
Constitution.
(2) The term of office of the members of the National Assembly incumbent at
the time this Constitution is promulgated terminates the day prior to the first
convening of the National Assembly under Paragraph (1).
(1) Public officials and officers of enterprises appointed by the Government,
who are in office at the time of the enforcement of this Constitution, are considered
as having been appointed under this Constitution: Provided, that public officials
whose election procedures or appointing authorities are changed under this Constitution,
the Chief Justice of the Supreme Court, and the Chairman of the Board of Audit
and Inspection remain in office until such time as their successors are chosen
under this constitution, and their terms of office terminate the day before
the installation of their successors.
(2) Judges attached to the Supreme Court who are not the Chief Justice or Justices
of the Supreme Court and who are in office at the time of the enforcement of
this Constitution are considered as having been appointed under this Constitution
notwithstanding the provision of Paragraph (1).
(3) Those provisions of this Constitution which prescribe the terms of office
of public officials or which restrict the number of terms that public officials
may serve, take effect upon the dates of the first elections or the first appointments
of such public officials under this Constitution.
Laws, decrees, ordinances, and treaties in force at the time this Constitution
enters into force, remain valid unless they are contrary to this Constitution.
Those organizations existing at the time of the enforcement of this Constitution
which have been performing the functions falling within the authority of new
organizations to be created under this Constitution, continue to exist and perform
such functions until such time as the new organizations are created under this
Constitution.
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provided by law.
The President, at the time of his inauguration, takes the following oath:
the Conference of Supreme Court Justices.
fisheries.