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| Constitution of the Sixth Republic of Korea | |
|---|---|
| Name | Constitution of the Sixth Republic of Korea |
| Original lang | Korean |
| Adopted | 1987 |
| Location | Seoul |
| Supersedes | Constitution of the Fifth Republic of Korea |
Constitution of the Sixth Republic of Korea is the supreme law adopted in 1987 establishing the current constitutional order of the Republic of Korea, rooted in the political transition that followed the June Democracy Movement and the presidency of Chun Doo-hwan. It frames the relationship among the President of South Korea, the National Assembly (South Korea), the Judiciary of South Korea, and independent institutions such as the Constitutional Court of Korea and the Board of Audit and Inspection of Korea. The charter situates the Republic within international frameworks referenced by instruments like the Universal Declaration of Human Rights and treaties such as the Korean Armistice Agreement.
The Sixth Republic emerged after mass protests in the June Democratic Struggle of 1987 that contested the legacies of Park Chung-hee and Chun Doo-hwan and followed the assassination of Park Chung-hee in 1979 and the events of the Gwangju Uprising. Political negotiation among figures associated with Kim Young-sam, Kim Dae-jung, and Roh Tae-woo produced a constitutional compromise leading to direct presidential elections and reforms to the Yushin Constitution era institutions. Drafting and ratification involved political parties such as the Democratic Justice Party, the Reunification Democratic Party, and civil organizations like the Students' Movement in South Korea and the Korean Confederation of Trade Unions. The 1987 charter replaced the Constitution of the Fifth Republic of Korea and inaugurated mechanisms to constrain executive power after decades of authoritarian rule exemplified by the Fourth Republic of Korea and the Fifth Republic of Korea.
The Constitution affirms the Republic's identity as a democratic republic and sets the national framework comparable to postwar charters like the Basic Law for the Federal Republic of Germany and the Constitution of Japan (1947). It enumerates state sovereignty, popular sovereignty expressed through the National Assembly (South Korea), and the protection of human dignity influenced by instruments such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The structure divides state power among the President of South Korea, the Prime Minister of South Korea, and the Judiciary of South Korea, with autonomous bodies including the National Human Rights Commission of Korea and the Korea Communications Commission to oversee administrative and civil rights functions.
The charter guarantees civil and political rights with parallels to the Universal Declaration of Human Rights and regional norms like the ASEAN Human Rights Declaration in practice. It protects freedoms such as speech, assembly, and religion, situating safeguards alongside institutions like the Seoul High Court and the Supreme Court of Korea for remedies. Social and economic entitlements reference policies pursued by administrations of Roh Tae-woo, Kim Young-sam, Kim Dae-jung, and Roh Moo-hyun, and link to welfare initiatives influenced by comparative models from the Nordic model and social policy debates in the Organisation for Economic Co-operation and Development.
Executive authority vests in the President of South Korea with a cabinet led by the Prime Minister of South Korea and ministries such as the Ministry of Foreign Affairs (South Korea), the Ministry of National Defense (South Korea), and the Ministry of Justice (South Korea). Legislative authority resides with the National Assembly (South Korea), whose electoral systems have involved parties including the Liberty Korea Party, the Democratic Party of Korea, the People Power Party (South Korea), and minor parties like the Justice Party (South Korea). The judiciary comprises the Supreme Court of Korea and lower courts, with the Constitutional Court of Korea charged specifically with constitutional adjudication and the Public Prosecutors' Office (South Korea) exercising criminal prosecution under constitutional constraints. Local administration reflects reforms affecting entities such as the Seoul Metropolitan Government and provincial governments like Gyeonggi Province and Busan.
Amendment procedures parallel comparative constitutional systems like the Constitution of the United States and the Constitution of the Federal Republic of Germany in requiring legislative supermajorities and, in some cases, referendum mechanisms akin to processes under the French Fifth Republic. The Constitution sets thresholds for proposal in the National Assembly (South Korea) and prescribes timeframes for deliberation and promulgation; prominent amendment debates occurred during presidencies of Kim Dae-jung and Lee Myung-bak over issues such as decentralization and presidential term limits. Attempts to revise provisions relating to executive powers, electoral law reforms involving the National Election Commission (South Korea), and constitutional language on national security tied to the National Security Act (South Korea) have been politically salient.
The Constitutional Court of Korea, established under the charter, has authority to adjudicate constitutional complaints, impeachments, dissolution of political parties, and disputes between state organs, in a manner comparable to the Bundesverfassungsgericht of Germany and influenced by constitutional review practices in democracies like South Africa and India. Pivotal cases, including impeachment proceedings against Park Geun-hye adjudicated by the Constitutional Court of Korea and rulings on electoral disputes involving the National Assembly (South Korea), have defined the court's role. The Supreme Court of Korea exercises final appellate jurisdiction over ordinary matters, while the Constitutional Court focuses on constitutionality, with interactions between the courts shaping jurisprudence on issues like administrative law, human rights, and separation of powers.
The Sixth Republic's constitution consolidated South Korea's democratic transition, influencing political developments from the democratic administrations of Kim Dae-jung and Roh Moo-hyun to conservative governments led by Park Geun-hye and Lee Myung-bak. It underpinned South Korea's integration into international organizations such as the United Nations and the Organisation for Economic Co-operation and Development and shaped responses to crises including the 1997 Asian financial crisis and public debates during the COVID-19 pandemic in South Korea. The charter's protections enabled civil society actors like the Korean Federation of Trade Unions and media institutions such as KBS (Korean Broadcasting System) and The Korea Herald to contest state power, while ongoing discussions about constitutional reform, decentralization, and presidential accountability continue to involve figures like Moon Jae-in and institutions including the Blue House and the National Assembly (South Korea).
Category:Constitutions