Jul. 17, 1948
Amended by Jul. 7,
1952
Nov. 29, 1954
Jun. 15, 1960
Nov. 29,
1960
Dec. 26, 1962
Oct. 21, 1969
Dec. 27,
1972
Oct. 27, 1980
Oct. 29, 1987
PREAMBLE
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 March First Independence Movement of 1919 and the democratic ideals of the April Nineteenth Uprising of 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 the Twelfth Day of July anno Domini Nineteen hundred and forty-eight, and amended eight times subsequently.
Oct. 29, 1987CHAPTER I GENERAL PROVISIONSArticle 2
(1) Nationality in the Republic of
Korea shall be prescribed by Act.
(2) It shall be the
duty of the State to protect citizens residing abroad as
prescribed by Act.
Article 3
The territory of
the Republic of Korea shall consist of the Korean peninsula
and its adjacent islands.
Article 4
The
Republic of Korea shall seek unification and shall formulate
and carry out a policy of peaceful unification based on the
principles of freedom and democracy.
Article 5
(1) The Republic of Korea shall endeavor to maintain
international peace and shall renounce all aggressive
wars.
(2) The Armed Forces shall be charged with the
sacred mission of national security and the defense of the
land and their political neutrality shall be
maintained.
Article 6
(1) Treaties duly
concluded and promulgated under the Constitution and the
generally recognized rules of international law shall have the
same effect as the domestic laws of the Republic of
Korea.
(2) The status of aliens shall be guaranteed as
prescribed by international law and treaties.
Article
7
(1) All public officials shall be servants of the
entire people and shall be responsible to the people.
(2)
The status and political impartiality of public officials
shall be guaranteed as prescribed by Act.
Article 8
(1) The establishment of political parties shall be
free, and the plural party system shall be
guaranteed.
(2) Political parties shall be democratic in
their objectives, organization and activities, and shall have
the necessary
organizational arrangements for the
people to participate in the formation of the political
will.
(3) Political parties shall enjoy the protection of
the State and may be provided with operational funds by the
State under the conditions as prescribed by Act.
(4) If
the purposes or activities of a political party are contrary
to the fundamental democratic order, the Government may bring
an
action against it in the Constitutional Court for
its dissolution, and the political party shall be dissolved in
accordance with the decision of the Constitutional Court.
Article 9
The State shall strive to sustain
and develop the cultural heritage and to enhance national
culture
CHAPTER II RIGHTS AND DUTIES OF CITIZENS
Article 10
All
citizens shall be assured of human dignity and worth and have
the right to pursue happiness. It shall be the duty of the
State
to confirm and guarantee the fundamental and
inviolable human rights of individuals.
Article 11
(1) All citizens shall be equal before the law, and
there shall be no discrimination in political, economic,
social or cultural life on
account of sex, religion or
social status.
(2) No privileged caste shall be
recognized or ever established in any form.
(3) The
awarding of decorations or distinctions of honor in any form
shall be effective only for recipients, and no privileges
shall ensue therefrom.
Article 12
(1) All
citizens shall enjoy personal liberty. No person shall be
arrested, detained, searched, seized or interrogated except as
provided by Act. No person shall be punished, placed under
preventive restrictions or subject to involuntary labor except
as
provided by Act and through lawful
procedures.
(2) No citizens shall 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 shall be presented
in case of arrest, detention, seizure or search: Provided,
That in a case where a criminal suspect is an apprehended
flagrante delicto, orwhere 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 shall
have the right to prompt assistance of counsel. When a
criminal defendant is unable to secure counsel by his own
efforts, the State shall assign counsel for the defendant as
prescribed by Act.
(5) No person shall be arrested or
detained without being informed of the reason therefor and of
his right to assistance of counsel. The family, etc., as
designated by Act, 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, shall have 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
etc., or in a case where a confession is the only evidence
against a defendant in a formal trial, such a confession shall
not be admitted as evidence of guilt, nor shall a defendant be
punished by reason of such a confession.
Article 13
(1) No citizen shall be prosecuted for an act which does
not constitute a crime under the Act in force at the time it
was committed, nor shall he be placed in double
jeopardy.
(2) No restrictions shall be imposed upon the
political rights of any citizen, nor shall 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.
Article 14
All
citizens shall enjoy freedom of residence and the right to
move at will.
Article 15
All citizens shall
enjoy freedom of occupation.
Article 16
All
citizens shall be 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 shall
be presented.
Article 17
The privacy of no
citizen shall be infringed.
Article 18
The
privacy of correspondence of no citizen shall be infringed.
Article 19
All citizens shall enjoy freedom
of conscience.
Article 20
(1) All citizens
shall enjoy freedom of religion. (2) No state religion shall
be recognized, and church and state shall be separated.
Article 21
(1) All citizens shall enjoy
freedom of speech and the press, and freedom of assembly and
association.
(2) Licensing or censorship of speech and
the press, and licensing of assembly and association shall not
be recognized.
(3) The standards of news service and
broadcast facilities and matters necessary to ensure the
functions of newspapers shall be determined by Act.
(4)
Neither speech nor the press shall 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
(1) All citizens shall
enjoy freedom of learning and the arts.
(2) The rights of
authors, inventors, scientists, engineers and artists shall be
protected by Act.
Article 23
(1) The right of
property of all citizens shall be guaranteed. The contents and
limitations thereof shall be determined by Act.
(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 therefor shall
be governed by
Act: Provided, That in such a case,
just compensation shall be paid.
Article 24
All citizens shall have the right to vote under the
conditions as prescribed by Act.
Article 25
All citizens shall have the right to hold public office
under the conditions as prescribed by Act.
Article
26
(1) All citizens shall have the right to petition
in writing to any governmental agency under the conditions as
prescribed by Act.
(2) The State shall be obligated to
examine all such petitions.
Article 27
(1)
All citizens shall have the right to be tried in conformity
with the Act by judges qualified under the Constitution and
the Act.
(2) Citizens who are not on active military
service or employees of the military forces shall not be tried
by a court martial within the territory of the Republic of
Korea, except in case of crimes as prescribed by Act 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 shall have the right to a speedy trial. The accused
shall have the right to a public trial without delay in the
absence of justifiable reasons to the contrary.
(4) The
accused shall be presumed innocent until a judgment of guilt
has been pronounced.
(5) A victim of a crime shall be
entitled to make a statement during the proceedings of the
trial of the case involved as under the conditions prescribed
by Act.
Article 28
In a case where a criminal
suspect or an accused person who has been placed under
detention is not indicted as provided by Act or is acquitted
by a court, he shall be entitled to claim just compensation
from the State under the conditions as prescribed by Act.
Article 29
(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 Act. In this case, the public official concerned
shall not be 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
Act sustains damages in connection with the performance of
official duties such as combat action, drill and so forth, he
shall not be 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 shall
be entitled only to compensations as prescribed by Act.
>Article 30
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 Act.
Article 31
(1) All citizens shall have an
equal right to receive an education corresponding to their
abilities.
(2) All citizens who have children to support
shall be responsible at least for their elementary education
and other education as provided by Act.
(3) Compulsory
education shall be free of charge.
(4) Independence,
professionalism and political impartiality of education and
the autonomy of institutions of higher learning shall be
guaranteed under the conditions as prescribed by Act.
(5)
The State shall promote lifelong education.
(6)
Fundamental matters pertaining to the educational system,
including in-school and lifelong education, administration,
finance, and the status of teachers shall be determined by
Act.
Article 32
(1) All citizens shall have
the right to work. The State shall endeavor to promote the
employment of workers and to guarantee optimum wages through
social and economic means and shall enforce a minimum wage
system under the conditions as prescribed by Act.
(2) All
citizens shall have the duty to work. The State shall
prescribe by Act the extent and conditions of the duty to work
in conformity with democratic principles.
(3) Standards
of working conditions shall be determined by Act in such a way
as to guarantee human dignity.
(4) Special protection
shall be accorded to working women, and they shall not be
subjected to unjust discrimination in terms of employment,
wages and working conditions.
(5) Special protection
shall be accorded to working children.
(6) The
opportunity to work shall be accorded preferentially, under
the conditions as prescribed by Act, 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.
Article
33
(1) To enhance working conditions, workers shall
have the right to independent association,collective
bargaining and collective action.
(2) Only those public
officials who are designated by Act, shall 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
Act.
Article 34
(1) All citizens shall be
entitled to a life worthy of human beings.
(2) The State
shall have the duty to endeavor to promote social security and
welfare.
(3) The State shall endeavor to promote the
welfare and rights of women.
(4) The State shall have the
duty to implement policies for enhancing the welfare of senior
citizens and the young.
(5) Citizens who are incapable of
earning a livelihood due to a physical disability, disease,
old age or other reasons shall be protected by the State under
the conditions as prescribed by Act.
(6) The State shall
endeavor to prevent disasters and to protect citizens from
harm therefrom.
Article 35
(1) All citizens
shall 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
shall be determined by Act.
(3) The State shall endeavor
to ensure comfortable housing for all citizens through housing
development policies and the like.
Article 36
(1) Marriage and family life shall be entered into and
sustained on the basis of individual dignity and equality of
the sexes, and the State shall do everything in its power to
achieve that goal.
(2) The State shall endeavor to
protect mothers.
(3) The health of all citizens shall be
protected by the State.
Article 37
(1)
Freedoms and rights of citizens shall 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 Act only when necessary for national
security, the maintenance of law and order or for public
welfare. Even when such restriction is imposed, no essential
aspect of the freedom or right shall be violated.
Article 38
All citizens shall have the duty
to pay taxes under the conditions as prescribed by Act.
Article 39
(1) All citizens shall have the
duty of national defense under the conditions as prescribed by
Act.
(2) No citizen shall be treated unfavorably on
account of the fulfillment of his obligation of military
service.
CHAPTER III THE NATIONAL ASSEMBLY
Article 40
The legislative power shall be
vested in the National Assembly.
Article 41
(1) The National Assembly shall be composed of members
elected by universal, equal, direct and secret ballot by the
citizens.
(2) The number of members of the National
Assembly shall be determined by Act, but the number shall not
be less than 200.
(3) The constituencies of members of
the National Assembly, proportional representation and other
matters pertaining to National
Assembly elections shall
be determined by Act.
Article 42
The term of
office of members of the National Assembly shall be four
years.
Article 43
Members of the National
Assembly shall not concurrently hold any other office
prescribed by Act.
Article 44
(1) During the
sessions of the National Assembly, no member of the National
Assembly shall 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
shall be released during the
session upon the request of the National Assembly, except in
case of flagrante delicto.
Article 45
No
member of the National Assembly shall be held responsible
outside the National Assembly for opinions officially
expressed or
votes cast in the Assembly.
Article
46
(1) Members of the National Assembly shall have
the duty to maintain high standards of integrity.
(2)
Members of the National Assembly shall give preference to
national interests and shall perform their duties in
accordance
with conscience.
(3) Members of the
National Assembly shall 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.
Article 47
(1) A regular session of the National Assembly shall be
convened once every year under the conditions as prescribed by
Act,
and extraordinary sessions of the National
Assembly shall be convened upon the request of the President
or one fourth or
more of the total members.
(2)
The period of regular sessions shall not 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 shall be clearly specified.
Article 48
The National Assembly shall elect
one Speaker and two Vice-Speakers.
Article 49
Except as otherwise provided for in the Constitution or
in Act, the attendance of a majority of the total members, and
the
concurrent vote of a majority of the members
present, shall be necessary for decisions of the National
Assembly. In case of a tie
vote, the matter shall be
regarded as rejected.
Article 50
(1) Sessions
of the National Assembly shall be open to the public:
Provided, That when it is decided so by a majority of the
members present, or 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 shall be determined by Act.
Article
51
Bills and other matters submitted to the National
Assembly for deliberation shall not 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.
Article 52
Bills may be introduced by members
of the National Assembly or by the Executive.
Article
53
(1) Each bill passed by the National Assembly
shall be sent to the Executive, and the President shall
promulgate it within fifteen
days.
(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 shall 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 shall
reconsider 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
shall become Act.
(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 shall become Act.
(6) The President
shall promulgate without delay the Act as finalized under
paragraphs (4) and (5). If the President does not
promulgate an Act within five days after it has become Act
under paragraph (5), or after it has been returned to the
Executive
under paragraph (4), the Speaker shall
promulgate it.
(7) Except as provided otherwise, an Act
shall take effect twenty days after the date of promulgation.
Article 54
(1) The National Assembly shall
deliberate and decide upon the national budget bill.
(2)
The Executive shall formulate the budget bill for each fiscal
year and submit it to the National Assembly within ninety days
before the beginning of a fiscal year. The National
Assembly shall decide 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 Act;
2. Execution of the obligatory expenditures as
prescribed by Act; and
3. Continuation of projects
previously approved in the budget.
Article 55
(1) In a case where it is necessary to make continuing
disbursements for a period longer than one fiscal year, the
Executive
shall obtain the approval of the National
Assembly for a specified period of time.
(2) A reserve
fund shall 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.
Article 56
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
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
When the Executive plans to issue
national bonds or to conclude contracts which may incur
financial obligations on the State outside the budget, it
shall have the prior concurrence of the National Assembly.
Article 59
Types and rates of taxes shall be
determined by Act.
Article 60
(1) The
National Assembly shall have 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; or treaties related to legislative
matters.
(2) The National Assembly shall also have the
right to consent to the declaration of war, the dispatch of
armed forces to foreign
states, or the stationing of
alien forces in the territory of the Republic of Korea.
Article 61
(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 shall be
determined by Act.
Article 62
(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 shall 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
(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 shall be
passed with the concurrent vote of a majority of the total
members of the National
Assembly.
Article 64
(1) The National Assembly may establish the rules of
its proceedings and internal regulations: Provided, That they
are not in
conflict with Act.
(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 shall be required for the expulsion of
any member.
(4) No action shall be brought to
court with regard to decisions taken under paragraphs (2) and
(3).
Article 65
(1) In case the President,
the Prime Minister, members of the State Council, heads of
Executive Ministries, Justices of the
Constitutional
Court, judges, members of the National Election Commission,
the Chairman and members of the Board of Audit
and
Inspection, and other public officials designated by Act have
violated the Constitution or other Acts 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 shall require 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 shall be suspended from exercising his power until
the impeachment has been adjudicated.
(4) A
decision on impeachment shall not extend further than removal
from public office: Provided, That it shall not exempt the
person impeached from civil or criminal liability.
CHAPTER IV THE EXECUTIVE
SECTION 1 The President
Article 66
(1) The President shall be the
Head of State and represent the State vis-a-vis foreign
states.
(2) The President shall have the responsibility
and duty to safeguard the independence, territorial integrity
and continuity of the
State and the
Constitution.
(3) The President shall have the duty to
pursue sincerely the peaceful unification of the
homeland.
(4) Executive power shall be vested in the
Executive Branch headed by the President.
Article
67
(1) The President shall be 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 shall be
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,
shall be eligible to be elected to the presidency.
(5)
Matters pertaining to presidential elections shall be
determined by Act.
Article 68
(1) The
successor to the incumbent President shall be 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 shall be elected
within sixty days.
Article 69
The President,
at the time of his inauguration, shall take the following
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."
Article 70
The term of
office of the President shall be five years, and the President
shall not be reelected.
Article 71
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 Act shall act for him.
Article 72
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
The President shall conclude and ratify treaties;
accredit, receive or dispatch diplomatic envoys; and declare
war and conclude
peace.
Article 74
(1)
The President shall be Commander-in-Chief of the Armed Forces
under the conditions as prescribed by the Constitution and
Act.
(2) The organization and formation of the
Armed Forces shall be determined by Act.
Article 75
The President may issue presidential decrees concerning
matters delegated to him by Act with the scope specifically
defined
and also matters necessary to enforce Acts.
Article 76
(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 Act, 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 Act, only when it is
required to preserve
the integrity of the nation, and it is impossible to convene
the National Assembly.
(3) In case actions are taken or
orders are issued under paragraphs (1) and (2), the President
shall promptly notify it to the
National Assembly and
obtain its approval.
(4) In case no approval is obtained,
the actions or orders shall lose effect forthwith. In such
case, the Acts which were amended
or abolished by the
orders in question shall automatically regain their original
effect at the moment the orders fail to obtain
approval.
(5) The President shall, without delay, put on
public notice developments under paragraphs (3) and (4).
Article 77
(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 Act.
(2) Martial law shall be
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 Act.
(4)
When the President has proclaimed martial law, he shall notify
it to 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 shall comply.
Article 78
The President shall appoint and
dismiss public officials under the conditions as prescribed by
the Constitution and Act.
Article 79
(1) The
President may grant amnesty, commutation and restoration of
rights under the conditions as prescribed by Act.
(2) The
President shall receive the consent of the National Assembly
in granting a general amnesty.
(3) Matters pertaining to
amnesty, commutation and restoration of rights shall be
determined by Act.
Article 80
The President
shall award decorations and other honors under the conditions
as prescribed by Act.
Article 81
The
President may attend and address the National Assembly or
express his views by written message.
Article 82
The acts of the President under law shall be executed in
writing, and such documents shall be countersigned by the
Prime
Minister and the members of the State Council
concerned. The same shall apply to military affairs.
Article 83
The President shall 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 Act.
Article 84
The President shall not be charged
with a criminal offense during his tenure of office except for
insurrection or treason.
Article 85
Matters
pertaining to the status and courteous treatment of former
Presidents shall be determined by Act.
SECTION 2 The Executive Branch
Sub-Section 1 The Prime
Minister and Members of the State Council
Article 86
(1) The Prime Minister shall be
appointed by the President with the consent of the National
Assembly.
(2) The Prime Minister shall assist the
President and shall direct the Executive Ministries under
order of the President.
(3) No member of the military
shall be appointed Prime Minister unless he is retired from
active duty.
Article 87
(1) The members of
the State Council shall be appointed by the President on the
recommendation of the Prime Minister.
(2) The members of
the State Council shall assist the President in the conduct of
State affairs and, as constituents of the State
Council, shall deliberate on State affairs.
(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 shall be appointed a member of the State Council
unless he is retired from active duty.
cSub-Section 2 The State Council
Article 88
(1) The State Council shall
deliberate on important policies that fall within the power of
the Executive.
(2) The State Council shall be composed of
the President, the Prime Minister, and other members whose
number shall be no
more than thirty and no less than
fifteen.
(3) The President shall be the chairman of the
State Council, and the Prime Minister shall be the
Vice-Chairman.
Article 89
The following
matters shall be referred to the State Council for
deliberation:
Basic plans for state affairs, and general
policies of the Executive;
Declaration of war,
conclusion of peace and other important matters pertaining to
foreign policy;
Draft amendments to the Constitution,
proposals for national referendums, proposed treaties,
legislative bills, and proposed
presidential decrees;
Budgets, settlement of accounts, basic plans for
disposal of state properties, contracts incurring financial
obligation on the
State, and other important financial
matters;
Emergency orders and emergency financial and
economic actions or orders by the President, and declaration
and termination
of martial law;
Important military
affairs;
Requests for convening an extraordinary session
of the National Assembly;
Awarding of honors;
Granting of amnesty, commutation and restoration of
rights;
Demarcation of jurisdiction between Executive
Ministries;
Basic plans concerning delegation or
allocation of powers within the Executive;
Evaluation
and analysis of the administration of State affairs;
Formulation and coordination of important policies of
each Executive Ministry;
Action for the dissolution of a
political party;
Examination of petitions pertaining to
executive policies submitted or referred to the Executive;
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 Act;
and
Other matters presented by the President, the Prime
Minister or a member of the State Council.
Article
90
(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 shall become the Chairman of the
Advisory Council of Elder Statesmen:
Provided, That if
there is no immediate former President, the President shall
appoint the Chairman.
(3) The organization, function and
other necessary matters pertaining to the Advisory Council of
Elder Statesmen shall be determined by Act.
Article
91
(1) A National Security Council shall be
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 shall be presided over by the President.
(3) The
organization, function and other necessary matters pertaining
to the National Security Council shall be determined by
Act.
Article 92
(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 shall
be determined by Act.
Article 93
(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 shall be determined
by Act. Sub-Section
3 The Executive Ministries
Article 94
Heads of Executive Ministries shall be appointed by the
President from among members of the State Council on the
recommendation of the Prime Minister.
Article 95
The Prime Minister or the head of each Executive
Ministry may, under the powers delegated by Act or
Presidential Decree, or ex
officio, issue ordinances of
the Prime Minister or the Executive Ministry concerning
matters that are within their jurisdiction.
Article 96
The establishment, organization and function of each
Executive Ministry shall be determined by Act.
Sub-Section 4 The
Board of Audit and Inspection
Article 97
The
Board of Audit and Inspection shall be 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
Act and the job performances of the executive agencies and
public officials.
Article 98
(1) The Board of
Audit and Inspection shall be composed of no less than five
and no more than eleven members, including the
Chairman.
(2) The Chairman of the Board shall be
appointed by the President with the consent of the National
Assembly. The term of office of the Chairman shall be four
years, and he may be reappointed only once.
(3) The
members of the Board shall be appointed by the President on
the recommendation of the Chairman. The term of office of the
members shall be four years, and they may be reappointed only
once.
Article 99
The Board of Audit and
Inspection shall inspect the closing of accounts of revenues
and expenditures each year, and report the
results to
the President and the National Assembly in the following year.
Article 100
The organization and function of
the Board of Audit and Inspection, the qualifications of its
members, the range of the public
officials subject to
inspection and other necessary matters shall be determined by
Act.
CHAPTER V THE COURTS
Article 101
(1) Judicial power shall be
vested in courts composed of judges.
(2) The courts shall
be composed of the Supreme Court, which is the highest court
of the State, and other courts at specified levels.
(3)
Qualifications for judges shall be determined by Act.
Article 102
(1) Departments may be
established in the Supreme Court.
(2) There shall be
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
Act.
(3) The organization of the Supreme Court and lower
courts shall be determined by Act.
Article 103
Judges shall rule independently according to their
conscience and in conformity with the Constitution and Act.
Article 104
(1) The Chief Justice of the
Supreme Court shall be appointed by the President with the
consent of the National Assembly.
(2) The Supreme Court
Justices shall be 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 shall be appointed by
the Chief Justice with the consent of the Conference of
Supreme Court Justices.
Article 105
(1) The
term of office of the Chief Justice shall be six years and he
shall not be reappointed.
(2) The term of office of the
Justices of the Supreme Court shall be six years and they may
be reappointed as prescribed by Act.
(3) The term of
office of judges other than the Chief Justice and Justices of
the Supreme Court shall be ten years, and they may be
reappointed under the conditions as prescribed by
Act.
(4) The retirement age of judges shall be determined
by Act.
Article 106
(1) No judge shall be
removed from office except by impeachment or a sentence of
imprisonment without prison labor or heavier punishment, nor
shall 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 Act.
Article 107
(1) When
the constitutionality of a law is at issue in a trial, the
court shall request a decision of the Constitutional Court,
and shall judge according to the decision thereof.
(2)
The Supreme Court shall have 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 shall be
determined by Act and shall be in conformity with the
principles of judicial procedures.
Article 108
The Supreme Court may establish, within the scope of
Act, regulations pertaining to judicial proceedings and
internal discipline and regulations on administrative matters
of the court.
Article 109
Trials and
decisions of the courts shall be 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.
Article 110
(1)
Courts-martial may be established as special courts to
exercise jurisdiction over military trials.
(2) The
Supreme Court shall have the final appellate jurisdiction over
courts-martial.
(3) The organization and authority of
courts-martial, and the qualifications of their judges shall
be determined by Act.
(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 Act 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
(1) The
Constitutional Court shall have jurisdiction over the
following matters:
1. The constitutionality of a law
upon the request of the courts;
2.
Impeachment;
3. Dissolution of a political
party;
4. Competence disputes between State agencies,
between State agencies and local governments, and between
local governments; and
5. Constitutional complaint as
prescribed by Act.
(2) The Constitutional Court shall be
composed of nine Justices qualified to be court judges, and
they shall be appointed by the President.
(3) Among the
Justices referred to in paragraph (2), three shall be
appointed from persons selected by the National Assembly, and
three appointed from persons nominated by the Chief Justice of
the Supreme Court.
(4) The president of the
Constitutional Court shall be appointed by the President from
among the Justices with the consent of the National Assembly.
Article 112
(1) The term of office of the
Justices of the Constitutional Court shall be six years and
they may be reappointed under the conditions as prescribed by
Act.
(2) The Justices of the Constitutional Court shall
not join any political party, nor shall they participate in
political activities.
(3) No Justice of the
Constitutional Court shall be expelled from office except by
impeachment or a sentence of imprisonment without prison labor
or heavier punishment.
Article 113
(1) When
the Constitutional Court makes a decision of the
unconstitutionality of a law, a decision of impeachment, a
decision of dissolution of a political party or an affirmative
decision regarding the constitutional complaint, the
concurrence of six Justices or more shall be
required.
(2) The Constitutional Court may establish
regulations relating to its proceedings and internal
discipline and regulations on administrative matters within
the limits of Act.
(3) The organization, function and
other necessary matters of the Constitutional Court shall be
determined by Act.
CHAPTER VII ELECTION
MANAGEMENT
Article 114
(1) Election
commissions shall be established for the purpose of fair
management of elections and national referenda, and dealing
with administrative affairs concerning political
parties.
(2) The
National Election Commission shall be 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 Commission shall be elected from
among the members.
(3)
The term of office of the members of the Commission shall be
six years.
(4) The
members of the Commission shall not join political parties,
nor shall they participate in political
activities.
(5) No
member of the Commission shall be expelled from office except
by impeachment or a sentence of imprisonment without prison
labor or heavier
punishment.
(6) The
National Election Commission may establish, within the limit
of Acts and decrees, regulations relating to the management of
elections, national referenda, and administrative
affairs concerning political parties and may also establish
regulations relating to internal discipline
that are compatible with
Act.
(7) The
organization, function and other necessary matters of the
election commissions at each level shall be determined by Act.
Article 115
(1) Election
commissions at each level may issue necessary instructions to
administrative agencies concerned with respect to
administrative affairs pertaining to
elections and national referenda such as the preparation of
the pollbooks.
(2)
Administrative agencies concerned, upon receipt of such
instructions, shall comply.
Article 116
(1) Election campaigns
shall be conducted under the management of the election
commissions at each level within the limit set by Act. Equal
opportunity shall be
guaranteed.
(2) Except
as otherwise prescribed by Act, expenditures for elections
shall not be imposed on political parties or candidates.
CHAPTER VIII LOCAL AUTONOMY
Article 117
(1) Local governments shall
deal with administrative matters pertaining to the welfare of
local residents, manage properties, and may enact provisions
relating to local autonomy, within the limit of Acts and
subordinate statutes.
(2) The types of local governments
shall be determined by Act.
Article 118
(1) A
local government shall have 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 shall be determined by Act.
CHAPTER IX THE ECONOMY
Article 119
(1) The economic order of the
Republic of Korea shall be 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.
Article 120
(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 Act.
(2) The land
and natural resources shall be protected by the State, and the
State shall establish a plan necessary for their balanced
development and utilization.
Article 121
(1)
The State shall endeavor to realize the land-to-the-tillers
principle with respect to agricultural land. Tenant farming
shall be 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, shall be recognized under the conditions as
prescribed by Act.
Article 122
The State may
impose, under the conditions as prescribed by Act,
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
(1) The State shall establish and implement a plan to
comprehensively develop and support the farm and fishing
communities in order to protect and foster agriculture and
fisheries.
(2) The State shall have the duty to foster
regional economies to ensure the balanced development of all
regions.
(3) The State shall protect and foster small and
medium enterprises.
(4) In order to protect the interests
of farmers and fishermen, the State shall endeavor 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.
(5) The State shall foster organizations founded
on the spirit of self-help among farmers, fishermen and
businessmen engaged in small and medium industry and shall
guarantee their independent activities and development.
Article 124
The State shall guarantee the
consumer protection movement intended to encourage sound
consumption activities and improvement in the quality of
products under the conditions as prescribed by Act.
Article 125
The State shall foster foreign
trade, and may regulate and coordinate it.
Article
126
Private enterprises shall 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 Act to meet urgent
necessities of national defense or the national economy.
Article 127
(1) The State shall strive to
develop the national economy by developing science and
technology, information and human resources and encouraging
innovation.
(2) The State shall establish 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
Article 128
(1) A
proposal to amend the Constitution shall 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 reelection of the President shall not
be effective for the President in office at the time of the
proposal for such amendments to the Constitution.
Article 129
Proposed amendments to the
Constitution shall be put before the public by the President
for twenty days or more.
Article 130
(1) The
National Assembly shall decide upon the proposed amendments
within sixty days of the public announcement, and passage by
the National Assembly shall require the concurrent vote of two
thirds or more of the total members of the National
Assembly.
(2) The proposed amendments to the Constitution
shall be submitted to a national referendum not later than
thirty days after passage by the National Assembly, and shall
be determined 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 shall be finalized, and the President shall
promulgate it without delay.
ADDENDA
Article 1
This Constitution shall enter into
force on the twenty-fifth day of February, anno Domini
Nineteen hundred and eighty-eight:
Provided, That the
enactment or amendment of Acts 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
(1) The first presidential election under this
Constitution shall be held not later than forty days before
this Constitution enters into force.
(2) The term of
office of the first President under this Constitution shall
commence on the date of its enforcement.
Article 3
(1) The first elections of the National Assembly under
this Constitution shall be 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 shall commence on the date of the first convening
of the National Assembly under this Constitution.
(2) The
term of office of the members of the National Assembly
incumbent at the time this Constitution is promulgated shall
terminate the day prior to the first convening of the National
Assembly under paragraph (1).
Article 4
(1)
Public officials and officers of enterprises appointed by the
Government, who are in office at the time of the enforcement
of this Constitution, shall be 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 shall remain in office until such time as their
successors are chosen under
this Constitution, and
their terms of office shall 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 shall be considered as having
been appointed under this Constitution notwithstanding the
proviso 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, shall take effect upon the dates of the
first elections or the first appointments of such public
officials under this Constitution.
Article 5
Acts, decrees, ordinances and treaties in force at the
time this Constitution enters into force, shall remain valid
unless they are contrary to this Constitution.
Article
6
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, shall
continue to exist and perform such functions until such time
as the new organizations are created under this Constitution.