Constitution of South Korea

Constitution of South Korea
Name	Constitution of the Republic of Korea
Jurisdiction	South Korea
Date created	12 July 1948
Date ratified	17 July 1948
Date effective	17 July 1948
System	Unitary presidential constitutional republic
Branches	Three (executive, legislative, judicial)
Chambers	Unicameral (National Assembly)
Executive	President
Judiciary	Supreme Court, Constitutional Court
Federalism	Unitary
Date legislature	10 May 1948 (Constituent Assembly)
Date first executive	24 July 1948 (Syngman Rhee)
Date first court	5 August 1948 (Supreme Court of Korea)
Date last amended	29 October 1987
Location of document	National Archives of Korea
Writer	Jo So-ang et al.
Signatories	Constituent Assembly
Supersedes	Provisional Government of the Republic of Korea

Constitution of South Korea. The supreme law of South Korea, formally the Constitution of the Republic of Korea, was first adopted on July 17, 1948, following the establishment of the First Republic of Korea. It establishes the country as a democratic republic, guarantees a broad range of civil liberties, and structures the government into three branches. The current version, known as the Sixth Republic Constitution, was enacted in 1987 following widespread pro-democracy protests and remains the foundation of the modern political system.

History and development

The inaugural document was drafted by the Constituent Assembly and promulgated under the leadership of Syngman Rhee, heavily influenced by the Weimar Constitution and the Constitution of the United States. This original text was replaced during the April Revolution of 1960, leading to the short-lived Second Republic which introduced a parliamentary system. Following the May 16 coup in 1961, Park Chung-hee oversaw a series of revisions that centralized power, notably through the Yushin Constitution of 1972 which granted the president dictatorial authority. Subsequent authoritarian regimes under Chun Doo-hwan further amended it, but the current constitution was finalized in 1987 after the June Democracy Movement forced a democratic transition, negotiated between ruling and opposition parties including figures like Roh Tae-woo and Kim Young-sam.

Structure and content

The document consists of a preamble, 130 articles, and supplementary provisions, organized into ten chapters. Key chapters detail the rights and duties of citizens, the structure of the National Assembly, the powers of the President and the State Council, the organization of the courts, and the role of the Constitutional Court. It also includes provisions on economic order, elections, and local autonomy. The text explicitly asserts sovereignty over the entire Korean Peninsula, considering North Korea an illegal entity under Article 3.

Constitutional amendments

Amendments require a supermajority: either a two-thirds vote in the National Assembly followed by a majority in a national referendum, or a majority parliamentary vote for a referendum initiated by the president. There have been nine major amendments, each coinciding with a change of republic. Significant revisions occurred in 1960 (Second Republic), 1962 and 1969 (Third Republic), 1972 (Fourth Republic), 1980 (Fifth Republic), and finally in 1987 (Sixth Republic). The 1987 amendment is most notable for reintroducing direct presidential elections and strengthening human rights protections.

Constitutional Court

Established by the 1987 constitution, the Constitutional Court of Korea is an independent judicial body separate from the Supreme Court of Korea. Its nine justices, appointed by the President, the National Assembly, and the Chief Justice, serve six-year terms. The court holds the power of constitutional review, adjudicating the constitutionality of laws, impeachment cases, disputes between state entities, and constitutional complaints filed by individuals. Landmark rulings have addressed issues such as the dissolution of the Unified Progressive Party and the National Security Act.

Fundamental rights and duties

The constitution enumerates an extensive catalogue of rights in Chapter II, influenced by international norms like the Universal Declaration of Human Rights. It guarantees equality before the law, freedoms of speech, press, assembly, and religion, the right to due process, and property rights. It also mandates social rights, including the right to education, labor rights, and a clean environment. Corresponding duties include paying taxes, national defense under the Military Service Act, and upholding the national security of South Korea. These rights are not absolute and can be restricted by law for reasons of national security or public order.

Governmental system

South Korea operates as a unitary state with a strong presidential system. The President, directly elected for a single five-year term, serves as head of state and head of government, commanding the Republic of Korea Armed Forces and presiding over the State Council. The National Assembly is a unicameral legislature with 300 members, holding legislative and budgetary powers. The judiciary is headed by the Supreme Court, responsible for final appellate review, while the Constitutional Court handles constitutional matters. This structure, including agencies like the National Election Commission and the Board of Audit and Inspection, is designed to maintain a separation of powers.

South Korea Category:Government of South Korea Category:Law of South Korea Category:1948 in law