Constitution of the Republic of Korea (1954)

For works with similar titles, see Constitution of South Korea.


PreambleEdit

We, the people of Korea, possessing a glorious tradition and history from time immemorial, follow the great spirit of independence as manifested in the establishment of the Republic of Korea and proclamation thereof to the whole world by the March 1st Movement in the year of Kimi (T.N.A.D. 1919), Now being engaged in the re-establishment of a democratic and independent State, determined:

  • To consolidate national unity through justice, humanity and fraternity;
  • To establish democratic institutions eliminating evil social customs of all kinds;
  • To afford equal opportunities to every person and to provide for the fullest development of the capacity of each individual in all fields of political, economic, social and cultural life;
  • To require each person to discharge his duties and responsibilities;
  • To promote the welfare of the people at home and to strive to maintain permanent international peace and thereby to ensure the security, liberty and happiness of ourselves and our posterity eternally;

Do hereby, in the National Assembly, composed of our freely and duly elected representatives, ordain and establish this Constitution on the Twelfth Day of July in the year of Tangun Four Thousand Two Hundred and Eighty-One (T.N. July 12, A.D. 1948).

The ConstitutionEdit

CHAPTER I. GENERAL PROVISIONSEdit

Article 1
The Republic of Korea shall be a democratic and republican State.
Article 2
The sovereignty of the Republic of Korea shall reside in the people. All state authority shall emanate from the people.
Article 3
The requisites for Korean citizenship shall be determined by law.
Article 4
The territory of the Republic of Korea shall consist of the Korean Peninsula and its accessory islands.
Article 5
The Republic of Korea, in all fields of political, economic, social and cultural life, shall be responsible for respecting and guaranteeing the liberty, equality and initiative of each individual and for protecting and adjusting these for the purpose of promoting the general welfare.
Article 6
The Republic of Korea shall renounce all aggressive wars. The mission of the National Armed Forces shall be to perform the sacred duty of protecting the country.
Article 7
  1. Duly ratified and published treaties and the generally recognized rules of international law shall have the same effect as that of the law of Korea.
  2. The status of aliens shall be guaranteed within the scope of international law and treaties.
Article 7-II
  1. Legislation concerning important matters pertaining to a national crisis which might limit the sovereignty of the Republic of Korea or cause a change in its territory shall after passage by the National Assembly be referred to a national referendum for confirmation. Such confirmation shall require the valid affirmative votes of two-thirds or more of the voters in a referendum participated in by two-thirds or more of the voters eligible to vote for the election of members of the House of Representatives.
  2. Such national referendum shall be initiated by the petition, within one month after passage of such legislation, of five hundred thousand or more of the voters qualified to vote for the election of members of the House of Representatives.
  3. When confirmation is not obtained by such national referendum, the decision of the National Assembly in question shall become retroactively null and void.
  4. Rules of procedure concerning such national referendum shall be decided by law.

CHAPTER II. RIGHTS AND DUTIES OF CITIZENSEdit

Article 8
  1. All citizens shall be equal before the law. No discrimination as to political, economic or social life, based upon sex, religion or social position shall exist.
  2. No privileged casts shall be recognized, nor be ever established hereafter.
  3. The award of decorations or marks of honor in any form shall confer upon recipients only personal honor and no privileged status shall be created thereby.
Article 9
  1. All citizens shall enjoy personal liberty. No citizen shall be arrested, detained, searched, tried, punished, or subjected to compulsory labor except as provided by law.
  2. In any case of arrest, detention or search, a warrant therefor shall be necessary; except that in any case of flagrante delicto or in any case where there is danger that the criminal may escape or that the evidence of the crime may be destroyed, the detecting authorities may request an ex post facto warrant with provisions prescribed by law.
  3. To all persons who may be arrested or detained, the right to have the prompt assistance of counsel and the right to request the court for a review of the legality of the arrest or detention, shall be guaranteed.
Article 10
All citizens shall be free from restrictions, except as specified by law, on domicile or the change thereof, and from trespasses on and searches of private premises.
Article 11
The privacy of correspondence of all citizens shall remain inviolate and shall not be infringed except in accordance with law.
Article 12
  1. All citizens shall enjoy the freedom of religion and conscience.
  2. No state religion shall exist. Religion shall be severed from politics.
Article 13
Citizens shall not, except as specified by law, be subjected to any restrictions on the freedom of speech, press, assembly and association.
Article 14
  1. All citizens shall have freedom of science and art.
  2. Rights of authors, inventors and artists shall be protected by law.
Article 15
  1. The right of property shall be guaranteed. Its contents and restrictions shall be defined by law.
  2. The exercise of property rights shall conform to the welfare of the public.
  3. The expropriation, use or the imposition of restrictions on private property for public purposes shall be accompanied by payment of just compensation in accordance with the provisions of law.
Article 16
  1. All citizens shall be entitled to equal opportunities of education. The attainment of at least an elementary education shall be compulsory and free of cost.
  2. All educational institutions shall be administered under the supervision of the State and the organization of the educational system shall be determined by law.
Article 17
  1. All citizens shall have the right and duty to work.
  2. The standards of labor conditions shall be determined by law.
  3. Special protection shall be accorded to the labor of women and children.
Article 18
  1. Freedom of association, collective bargaining and collective action of laborers shall be guaranteed within the law.
  2. Workers employed in profit earning private enterprises shall be entitled to share in the profits of such enterprises in accordance with the provisions of law.
Article 19
Citizens who are incapable of earning their living due to old age, infirmity or such other reasons as may cause incapability to work, shall be protected by the State in accordance with the provisions of law.
Article 20
Marriage shall be based on the equality of men and women. The purity of marriage and the health of the family shall receive the special protection of the State.
Article 21
  1. All citizens shall have the right to submit written petitions to any governmental agency.
  2. The Government shall be obliged to examine such petitions.
Article 22
Citizens shall have the right to be tried in conformity with the law by judges authorized and directed by law.
Article 23
No citizen shall be prosecuted for a criminal offense unless such act shall have constituted a crime prescribed by law at the time it was committed, nor be placed in double jeopardy.
Article 24
  1. All defendants in criminal cases shall have the right to be tried in public without delay unless there is proper cause for not doing so.
  2. When a defendant in a criminal case, having been detained, is thereafter found not guilty, he shall have the right to claim compensation by the Government in accordance with the provisions of law.
Article 25
All citizens shall have the right to elect public officials in conformity with the provisions of law.
Article 26
All citizens shall have the right to hold public office in accordance with the provisions of law.
Article 27
  1. Public officials shall be the trustees of the sovereign people and shall at all times be responsible to the people. All citizens shall have the right to petition for the removal of public officials who have acted unlawfully.
  2. Citizens who have suffered damages by unlawful acts of public officials done in the exercise of their official duties shall have the right to request compensation by the Government or the public corporate bodies concerned; however, the civil or criminal liability of the public officials concerned shall not be exempted thereby.
Article 28
  1. Liberties and rights of the people not enumerated in this Constitution shall not be ignored.
  2. Laws imposing restrictions upon the liberties and rights of citizens shall be enacted only when necessary for the maintenance of public order or the welfare of the Community.
Article 29
All citizens shall have the duty to pay taxes levied in accordance with the provisions of law.
Article 30
All citizens shall have the duty to defend the national territory in accordance with the provisions of law.

CHAPTER III. THE NATIONAL ASSEMBLYEdit

Article 31
  1. The legislative power shall be exercised by the National Assembly.
  2. The National Assembly shall consist of the House of Representatives and the House of Councilors.
Article 32
  1. Each House shall be composed of members elected by universal, equal, direct, and secret vote.
  2. No member of either House may serve concurrently as a member of the other House.
  3. The details for the election of, and the number of members of the National Assembly shall be determined by law.
Article 33
  1. The term of members of the House of the Representatives shall be four years.
  2. The term of the members of the House of Councilors shall be six years, but one half of the members of the House of Councilors shall be changed every three years.
Article 34
The National Assembly shall be convened once in each year in accordance with the provisions of Law.
Article 35
In case of extraordinary necessity, the Chairmen of the both Houses shall publicly notify the convening of a temporary session of the National Assembly upon the request of either the President, one fourth or more of the Representatives duly elected and seated, or one-half or more of the Councilors duly elected and seated.
Article 36
  1. The House of Representatives shall elect one Speaker and two Vice-Speakers.
  2. The Vice-President shall be the Speaker of the House of Councilors and two Vice-Speakers shall be elected by the House of Councilors.
  3. The Speaker of the House of Councilors shall preside over joint sessions of both Houses.
Article 37
  1. Unless otherwise provided in the Constitution or in the rules of the National Assembly the attendance of a majority of the members duly elected and seated and the votes of a majority of the members present shall be necessary for acts of each House.
  2. In case a bill is not adopted by one of the two Houses, or the resolutions of the two Houses adopted on a bill are not in accord with each other, the adoption of the final bill shall be determined by the vote of a majority of a joint session of the two Houses, attended by a majority of the members of each House duly elected and seated. However, in case the House of Councilors shall render decision pertaining to a budget different than that of the House of Representatives, the budget shall be referred for reconsideration to the House of Representatives, and the decision made by the House of Representatives upon such reconsideration shall be deemed to be the resolution of the National Assembly.
  3. The Speaker of the House of Representatives shall have a vote.
  4. The Speaker of each House shall have the right to break a tie vote.
Article 38
The proceedings of the National Assembly shall be open to the public. However, a closed session may be held by a resolution of either House, or of a joint session of the two Houses.
Article 39
  1. Bills may be introduced by any member of the National Assembly or by the Executive.
  2. Budgets shall be first presented to the House of Representatives.
  3. A bill rejected by the House of Representatives shall not be sent to the House of Councilors or to a joint session of the two Houses.
  4. In case a bill is not adopted within sixty days, excluding adjournments, after it has been sent by one of the two Houses to the other, the House which sent the bill to the other House may consider the bill rejected by the other House.
Article 40
  1. Every bill passed by the National Assembly shall be sent to the Executive and the President shall, within fifteen days, promulgate it as law.
  2. In case of veto, the President shall return the bill with his veto to the National Assembly for reconsideration. If, thereafter at a joint session of the two Houses attended by two-thirds or more of the members of each House duly elected and seated, the bill shall be passed by a majority of the members present, the same shall become law.
  3. If any bill has not been returned within fifteen days after presentation thereof to the Executive, the same shall become law.
  4. The President shall promulgate without delay, every law which has been enacted under the provisions of the two foregoing paragraphs.
  5. Every law shall be effective twenty days after the date of its promulgation unless otherwise provided by law.
Article 41
The National Assembly shall consider and decide upon budgets.
Article 42
The National Assembly shall have power to consent to the ratification of treaties concerning international organizations, treaties pertaining to mutual aid, peace treaties, commercial treaties, treaties financially incumbent on the State or the people, or treaties related to legislative affairs and to the declaration of war.
Article 42-II
  1. The House of Councilors shall have the right to consent to the appointment of Justices of the Supreme Court, the Prosecutor General, the Chairman of the Board of Audit, Ambassadors and Ministers to foreign countries, and other public officials designated by law.
  2. Any appointment of officials referred to in the foregoing paragraph made when the National Assembly is closed or adjourned shall require the expost facto consent of the House of Councilors at the following session.
Article 43
The National Assembly shall, for the purpose of inspecting the Executive Branch, have the power to compel the production of necessary documents and the appearance of the witnesses in person to testify or furnish opinions.
Article 44
Members of the State Council and Representatives of the Executive shall be authorized to attend meetings of the National Assembly, to state their opinions and answer questions and, by request of the National Assembly, they shall attend any meeting of the National Assembly and answer questions.
Article 45
  1. Each House shall investigate the qualifications of its members, establish rules of procedure and decide on disciplinary matters concerning its members.
  2. The concurrence of two-thirds or more of the members of each House duly elected and seated shall be necessary for the expulsion of any member of the National Assembly.
Article 46
  1. In case the President, Vice-President, Members of the State Council, the Chairman of the Board of Audit, Judges and other public officials designated by law shall have violated in the exercise of their duties, provisions of this Constitution or other laws, the National Assembly shall have power to resolve motions for their impeachment.
  2. A motion for impeachment shall be signed by not less than thirty members of the House of Representatives. The vote of a majority of the members of each House duly elected and seated shall be necessary to institute impeachment.
Article 47
  1. The Impeachment Court shall be established by law for the purpose of trying impeachment cases.
  2. The Impeachment Court shall be presided over by the Vice-President. Five Justices of the Supreme Court and five Members of the House of Councilors shall serve as associate judges. When the President or the Vice-President is to be tried, the Chief Justice shall preside over the court.
  3. The concurrence of two-thirds or more of the judges shall be required for impeachment.
  4. Any decree of impeachment shall not extend further than removal from office; but the person convicted shall not thereby be exempted from civil or criminal liability.
Article 48
No member of the National Assembly shall concurrently hold office in any local council.
Article 49
During sessions of the National Assembly, no member of the National Assembly shall be arrested or detained without the consent of the House of which he is a member except in cases of flagrante delicto. In cases of the apprehension of a member before the opening of the session, such member shall be released during the session upon the request of the House of which he is a member.
Article 50
Members of the National Assembly shall not be responsible to anyone outside for statements or votes made within the Assembly.

CHAPTER IV. THE EXECUTIVEEdit

SECTION 1. The PresidentEdit

Article 51
The President of the Republic shall be the head of the Executive Branch of the Government and shall represent the Republic in relations with foreign states.
Article 52
In case of the inability of the President to execute the duties of his office for any reason, the Vice-President shall act as the President and in case of inability of both the President and the Vice-President to execute the duties of their offices, a member of the State Council selected in the order determined by law shall act as the President.
Article 53
  1. The President and Vice-President respectively shall be elected by universal, equal, direct, and secret vote of the people.
  2. In case the President or the Vice-President shall have been elected when the National Assembly is not in session, the Speakers of both Houses, shall by public notice, convene the National Assembly for the purpose of hearing the election returns.
  3. A sealed report of the count of votes of Presidential and Vice-Presidential elections, listing the number of votes for each candidate shall be transmitted by the election committee of each Special City and Province to the Speaker of the House of Councilors.
  4. The Speaker of the House of Councilors shall immediately count the number of votes referred to in the foregoing paragraph at an open, joint session of the two Houses attended by a majority of the members of each House and shall announce the President and Vice-President elected.
  5. The candidates having the greatest number of the votes shall be the President and Vice-President. If there are two or more candidates having an equal number of votes, the successful candidate shall be determined by a majority vote of the joint session of the two Houses as prescribed in the preceding paragraph.
  6. The details for the election of the President and Vice-President shall be specified by law.
  7. The President and Vice-President shall not hold additional offices as members of the National Assembly.
Article 54
Before the President assumes office, he shall take the following affirmation at a joint session of the two Houses: "I do solemnly affirm to the people that I shall faithfully execute the office of President by observing the Constitution, promoting the welfare of the people and protecting the State."
Article 55
  1. The President and Vice-President shall hold office for a term of four years. However, re-election to consecutive terms shall be permissible for one time only.
  2. In case a vacancy exists in the office of the President, the Vice-President shall succeed the President during the remaining period of the term.
  3. A vacancy in the office of the Vice-President shall be filled without delay by a by-election for a successor to serve the remaining period of the term.
  4. In case of vacancies in both the office of the President and the office of the Vice-President, a member of the State Council selected in the order specified by law and in accordance with the provisions of Article 52 shall act as President. Within three months after the date on which such vacancies occurred, an election for President and Vice-President shall be held.
Article 56
The election for President and Vice-President shall be held not later than thirty days prior to the expiration of the terms of the preceding President and Vice-President.
Article 57
  1. When, in time of civil war, in a dangerous situation arising from foreign relations, in case of natural calamity or on account of a grave economic or financial crisis, it is necessary to take urgent measures for the maintenance of public order and security, the President shall have power to issue orders having the effect of law or to take necessary financial disposition, provided, however, that the President shall exclusively exercise such power only if time is lacking for convening of the National Assembly.
  2. Such orders or dispositions shall be reported without delay to the National Assembly for confirmation.
  3. If confirmation of the National Assembly is not obtained, such orders or dispositions shall lose their effect thereafter and the President shall promulgate such non-confirmation without delay.
Article 58
The President may issue decrees with regard to the matters delegated to him with specific limitations by law and matters necessary for the enforcement of laws.
Article 59
The President shall conclude and ratify treaties, declare war, conclude peace, and accredit and receive diplomatic envoys.
Article 60
The President may attend and ad dress the National Assembly or present his views thereto by written message on important state matters.
Article 61
  1. The President shall be the Commander-in-Chief of the National Armed Forces.
  2. The organization and formation of the National Armed Forces shall be determined by law.
Article 62
  1. The President shall appoint and remove government officials in accordance with the Constitution and the law.
Article 63
  1. The President shall have power to grant pardons, commute sentences and restore civil rights in accordance with the provisions of law.
  2. The granting of a general pardon shall require the consent of the National Assembly.
Article 64
The President shall have power to proclaim a state of siege in accordance with the provisions of law.
Article 65
The President shall be authorized to award decorations and honors.
Article 66
The acts of the President pertaining to state affairs shall be executed by written documents, and all such documents shall be countersigned by the concerned members of the State Council. The same shall equally apply to military affairs.
Article 67
The President shall not be charged with the commission of criminal offenses during his tenure of office except in cases of treason and rebellion.

SECTION 2. The State CouncilEdit

Article 68
The State Council shall be a collegiate body composed of the President and the Members of the State Council and shall decide important state policy on matters within the scope of the powers of the President.
Article 69
  1. The Members of the State Council shall be appointed by the President.
  2. The total number of the Members of the State Council shall not be more than fifteen nor less than eight.
  3. No military person shall be appointed as a Member of the State Council unless he has previously resigned from active service.
Article 70
  1. The meetings of the State Council shall be convened and presided over by the President.
  2. The President may, if necessary, delegate his powers and duties as the Chairman of the State Council to a member of the State Council selected in the order specified by law and in accordance with the provisions of Article 52.
Article 70-II
  1. Any member of the State Council shall forthwith resign when a resolution of non-confidence shall have been adopted against him by the House of Representatives.
  2. Resolutions of non-confidence under the foregoing paragraph to be effective shall be voted subsequent to twenty-four hours after the introduction of the motion and approved by a majority of the members duly elected and seated.
Article 71
  1. Decisions of the State Council shall be made by majority vote.
  2. The President shall have the right to vote and to break a tie vote.
Article 72
The following matters shall be referred to the State Council for decision.
  1. Fundamental plans and policies concerning state affairs;
  2. Proposed treaties, declarations of war, conclusions of peace, and other important matters pertaining to foreign policy;
  3. Proposed amendments to the Constitution, legislative bills and Presidential Decrees;
  4. Proposed budgets, closing of accounts, urgent financial dispositions and the defrayment of the reserve fund;
  5. Matters pertaining to requests for convening the National Assembly for extraordinary sessions;
  6. Proclamations and terminations of a state of siege;
  7. Important military affairs;
  8. Awarding of honors and granting of pardons, commutation and restoration of civil rights;
  9. Matters referring to the liaison between Ministries of the Executive and determination of their jurisdiction;
  10. Examination of petitions submitted or referred to the government;
  11. Appointment and removal of Justices of the Supreme Court, the Prosecutor General, the Chairman of the Board of Audit, the President of National Universities, Ambassadors and Ministers to foreign countries, the Chiefs of Staff of each armed force, other public officials designated by law; and the managers of important state-operated enterprises;
  12. Adoption and execution of important policies of the various Ministries of the Executive;
  13. And other matters presented by the State Council.

SECTION 3. The Executive MinistriesEdit

Article 73
The heads of the Ministries of the Executive shall be appointed by the President from among the members of the State Council.
Article 74
Each Minister may, ex officio or by special delegation of authority issue "Ministry Orders" concerning matters within the scope of his powers and duties.
Article 75
The organization and functions of each Ministry shall be determined by law.

CHAPTER V. THE COURTSEdit

Article 76
  1. The judicial power shall be vested in courts composed of judges.
  2. The organization of the Supreme Court, the highest court of the State, and of the lower courts shall be determined by law.
  3. The qualification for judges shall be determined by law.
Article 77
The judges of the courts shall judge independently and in accordance with the Constitution and the law.
Article 78
The Chief Justice of the Supreme Court shall be appointed by the President and with the consent of the National Assembly.
Article 79
The tenure of the judges shall be ten years and the judges may be reappointed in accordance with the provisions of law.
Article 80
Judges shall not be dismissed, suspended from office or have their salaries reduced except by impeachment or pursuant to criminal or disciplinary punishment.
Article 81
  1. The Supreme Court shall have the jurisdiction to finally decide whether orders, regulations, and acts are consistent with the Constitution and law.
  2. When the judgment in any case is premised on the constitutionality of law, the Court shall refer such question to the Constitution Committee and shall render judgment in accordance with the decision thereof.
  3. The Vice-President shall be the Chairman of the Constitution Committee, and five justices of the Supreme Court, three members of the House of Representatives and two members of the House of Councilors shall serve as Members of the Constitution Committee.
  4. A decision holding unconstitutionality shall require a two-thirds majority vote of the Constitution Committee.
  5. The organization and the rules of procedure of the Constitution Committee shall be determined by law.
Article 82
The Supreme Court shall have power to establish the internal regulations of the courts and rules pertaining to routine matters thereof.
Article 83
Trials and the pronouncement of judgments shall be open to the public; however, a trial may be closed to the public by an order of the court when it finds that the holding of a public trial would be likely to disturb the public peace and order or be dangerous to public morals.
Article 83-II
  1. Courts martial having jurisdiction of military offenses may be established. However, appeals from kinds of judgments designated by law shall be within the jurisdiction of the Supreme Court.
  2. The organization and powers of courts martial and qualification for members thereof shall be determined by law.

CHAPTER VI. ECONOMYEdit

Article 84
The principle of the economic order of the Republic of Korea shall be to attain social justice by fulfilling the basic requirements of all citizens and to encourage the development of a balanced national economy. The economic freedom of each individual shall be guaranteed within these limits.
Article 85
License to exploit, develop or utilize mines and other important underground resources, marine resources, water power and all other economically available natural powers may be granted for limited periods in accordance with the provisions of law.
Article 86
Farmland shall be distributed to farmers. The method of distribution, the extent of possession, and the contents and restrictions of ownership shall be determined by law.
Article 87
Foreign trade shall be controlled by the Government in accordance with the provisions of law.
Article 88
Private enterprises shall not be transferred to State or public ownership, except in cases specifically designated by law to meet urgent necessities of national defense or national life, nor shall their management or operation be controlled by the State or by juridical persons organized by public law.
Article 89
Article 15, Paragraph 3 of this Constitution shall be applicable to the expropriation of farmland as provided in Article 86, and shall also be applicable to the transfer of private enterprises to the State or to public ownership as provided in the foregoing Article.

CHAPTER VII. FINANCEEdit

Article 90
The items and rates of all taxes shall be determined by law.
Article 91
  1. The Executive at the beginning of each regular session shall submit to the National Assembly for its decision a budget covering all revenues and expenditures for the fiscal year.
  2. In case any disbursement is necessary to cover a period of more than one year, such disbursement shall be deemed a continual fund covering a fixed term and shall be so submitted to the National Assembly for its decision.
  3. The National Assembly shall neither increase the sum of any item of expenditure, nor establish new items of expenditure without the consent of the Executive.
Article 92
Any plan to raise funds by national loans or any conclusion of a contract creating liability for debt incumbent upon the State or unprovided for in the budget shall be submitted to the National Assembly for its decision.
Article 93
  1. The decision of a reserve fund for unforeseen expenditures unprovided for in or in excess of the budget shall be decided in advance by the National Assembly.
  2. Disbursement from the reserve fund shall be confirmed by the National Assembly at the session subsequent thereto.
Article 94
  1. The National Assembly shall enact the annual budget prior to the beginning of the fiscal year.
  2. In case the budget cannot because of unavoidable reasons be enacted in time the National Assembly shall adopt a provisional budget for a period not extending beyond the first month of the fiscal year; and the regular budget shall be enacted within the same period.
Article 95
  1. The accounts of revenue and disbursement of the State shall be investigated annually by the Board of Audit.
  2. The Executive shall submit to the National Assembly, during its session in the following year, a statement of accounts together with the auditing report of the Board of Audit.
  3. The organization and functions of the Board of Audit shall be determined by law.

CHAPTER VIII. LOCAL AUTONOMYEdit

Article 96
  1. Local autonomous bodies shall, within the framework of laws and orders, perform their administration and such additional acts as are delegated to them by the State, and shall manage their property within the same framework.
  2. Local autonomous bodies may establish self-governing regulations within the framework of laws and orders.
Article 97
  1. The organization and operation of local autonomous bodies shall be determined by law.
  2. There shall be a Council set up in each local autonomous community.
  3. The organization and authority of the local Councils and the method of election of their members shall be determined by law.

CHAPTER IX. AMENDMENTS TO THE CONSTITUTIONEdit

Article 98
  1. A motion to amend the Constitution shall be introduced either by the President, by one-third or more of the members of either the House of Representatives or the House of Councilors duly elected and seated, or by the concurrence of 500,000 or more of the eligible voters for the election of Representatives.
  2. Proposed amendments to the Constitution shall be announced by the President to the public.
  3. The period for an announcement as prescribed in the foregoing paragraph shall be not less than thirty days duration.
  4. A decision on a proposed amendment to the Constitution shall require the concurrence of two-thirds or more of the members of each House duly elected and seated.
  5. When an amendment to the Constitution has been adopted, the President shall promulgate it immediately. How ever, in case a decision on a proposed amendment to the Constitution is rejected by popular vote, as provided in Article 7-II, the President shall promulgate such rejection as soon as the result of such vote is known and announce the decision has become retroactively null and void.
  6. The provisions of Article 1, 2 and 7-II shall not be changed or abolished.

CHAPTER X. SUPPLEMENTARY RULESEdit

Article 99
This Constitution shall be in effect on and after the date of its promulgation declared by the Speaker of the National Assembly which enacted this Constitution. However, those provisions which can be made effective only by the enactment of supplementary laws shall become effective on and after the date on which such supplementary laws become effective.
Article 100
Existing laws and administrative orders shall be in effect to the extent that they do not conflict with this Constitution.
Article 101
The National Assembly which enacted this Constitution may establish a special law providing for the punishment of malicious anti-national acts committed prior to August 15, 1945.
Article 102
The National Assembly which enacted this Constitution shall exercise the powers of the National Assembly as prescribed in this Constitution. The tenure of its members shall be two years from the date of the convocation of the National Assembly.
Article 103
  1. Government officials holding positions at the effective date of this Constitution shall continue in office until such time as their successors shall be elected or appointed as provided in this Constitution.
  2. The Speaker of the National Assembly of the Republic of Korea hereby promulgates this Constitution of the Republic of Korea ordained and established by the National Assembly of the Republic of Korea.

AddendaEdit

ESCHATOCOL (Revision of July 17, 1948)Edit

On this Seventeenth Day of July in the year of Tangun Four Thousand Two Hundred and Eighty-One (T.N. July 17, A.D. 1948).
The Speaker of the National Assembly of the Republic of Korea
Syngman Rhee

SUPPLEMENTARY RULES (Amendment of July 4, 1952)Edit

  1. This Constitution shall be in effect on and after the date of its promulgation. However, the provisions concerning the House of Councilors and those which premise the existence of the House shall become effective on and after the date on which the House is constituted.
  2. From the time this Constitution becomes effective till the House of Councilors is constituted, the powers delegated to the joint session of the two Houses shall be exercised by the House of Representatives and those delegated to the Speaker of the House of Councilors shall be exercised by the Speaker of the House of Representatives.
  3. Till the House of Councilors is constituted, acts of the House of Representatives shall be deemed to be the acts of the National Assembly.
  4. Members of the National Assembly at the time this Constitution becomes effective shall become members of the House of Representatives and their tenure shall be terminated with the end of the remaining term of members of the National Assembly.
  5. The Councilors from each Special City and province elected for the first time after the enforcement of this Constitution shall be assigned to the first class, the second class and the third class, according to the order of the numbers of votes they have received. The term of Councilors of the first class shall be six years, that of the second class shall be four years and that of the third class shall be two years.
  6. If two or more Councilors shall receive an equal number of votes, they shall be assigned in accordance with the order of their respective ages.

SUPPLEMENTARY RULES (Amendment of November 27, 1954)Edit

  1. This Constitution shall be in effect on and after the date of its promulgation.
  2. The Councilors from each electoral district elected for the first time after the enforcement of this Constitution shall be assigned equally to two classes, the first class and the second class, according to the order of the numbers of votes they have received. The term of Councilors of the first class shall be six years and that of the second class shall be three years.
  3. If two or more Councilors shall receive an equal number of votes, they shall be assigned in accordance with the order of their respective ages.
  4. The proviso of Paragraph 1 of Article 55 of this Constitution shall not apply to the incumbent of the office of President at the time of promulgation of this Constitution.

Amendment historyEdit

Date of Promulgation Nickname Nickname in Korean
July 17, 1948 Constitution of the First Republic (Jeheon Constitution) 제1공화국헌법 (第一共和國憲法) / 제헌헌법 (制憲憲法)
July 7, 1952
November 29, 1954
 

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