Constitution of the Republic of Korea (1969)

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, imbued with the sublime spirit of independence as manifested in the March 1st Movement in the year of Kimi (A.D. 1919), now being engaged in the establishment of a new democratic Republic on the basis of ideals as manifested in the April 19th Righteous Uprising and the May 16th Revolution, and determined to consolidate national unity through justice, humanity and fraternity; eliminate outmoded social customs of all kinds; establish democratic institutions; afford equal opportunities to every person; provide for the fullest development of the capacity of each individual in all fields of political, economic, social, and cultural life; help each person discharge his duties and responsibilities; promote the welfare of the people at home; and strive to maintain permanent international peace, thereby ensuring the security, liberty and happiness of ourselves and our posterity; do hereby amend, through national referendum, the Constitution, ordained and established on the Twelfth Day of July, in the year of Nineteen Hundred and Forty Eight A.D.

The ConstitutionEdit

CHAPTER I. GENERAL PROVISIONSEdit

Article 1
  1. The Republic of Korea shall be a democratic republic.
  2. The sovereignty of the Republic of Korea shall reside in the people and all state authority shall emanate from the people.
Article 2
The requirements necessary for being a Korean national shall be determined by law.
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 endeavor to maintain international peace and renounce all aggressive wars.
Article 5
  1. Treaties duly ratified and promulgated in accordance with this Constitution and the generally recognized rules of international law shall have the same force and effect as that of the domestic law of the Republic of Korea.
  2. The status of aliens shall be guaranteed in accordance with international law and treaties.
Article 6
  1. All public officials shall be servants of the entire people and shall be responsible to the people.
  2. The status and the political impartiality of a public official shall be guaranteed in accordance with the provisions of law.
Article 7
  1. The establishment of political parties shall be free and the plural party system shall be guaranteed.
  2. Organization and activities of a political party shall be democratic and political parties shall have necessary organizational arrangements which will enable the people to participate in the formation of political ideas.
  3. Political parties shall enjoy the protection of the State. However, if the purposes or activities of a political party are contrary to the basic democratic order of the Constitution, the Government shall bring an action against it in the Supreme Court for its dissolution and the political party shall be dissolved in accordance with the decision of the Supreme Court.

CHAPTER II. RIGHTS AND DUTIES OF THE CITIZENSEdit

Article 8
  1. All citizens have dignity and value as human beings, and it shall be the duty of the State to guarantee fundamental rights of the people to the utmost.
Article 9
  1. All citizens are 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 castes shall be recognized, or ever established in any form.
  3. Awards and decorations or marks of honor shall be personal, and no privileged status shall be created thereby.
Article 10
  1. All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized, interrogated or punished except as provided by law, or be subject to involuntary labour except on account of a criminal sentence.
  2. No citizen shall be subject to torture of any kind, or be compelled to testify against himself in a criminal case.
  3. A warrant issued by a judge upon request of a prosecutor must be presented in case of arrest, detention, search or seizure. However, in case the criminal is apprehended flagrante delicto or in case where there is danger that a criminal, who committed a crime for which to imprisonment for three years or more, may escape or destroy evidence, the investigating authorities may request an ex post facto warrant.
  4. All persons who are arrested or detained shall have the right to a prompt assistance of counsel. When a criminal defend ant is unable to secure the same by his own efforts, the State shall assign a counsel to the defendant as provided by law.
  5. All persons who are arrested or detained shall have the right to request the court for a review of the legality of the arrest or detention. When a person is deprived of personal freedom by another private individual, he shall have the right to request the court for a remedy.
  6. In case the confession of a defendant is considered to have been made against his will by means of torture, acts of violence, threat, unduly prolonged arrest, and deceit, etc., or, if the confession of a defendant is the only evidence against him, such confession shall not be admitted as evidence for his conviction nor shall he be punished on the basis of such a confession.
Article 11
  1. No person shall be prosecuted for a criminal offense unless such act constitutes a crime prescribed by law 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 by means of retroactive legislation.
Article 12
All citizens shall have freedom of residence and of the change thereof.
Article 13
All citizens shall have freedom of choice of occupations.
Article 14
All citizens shall be free from invasion of their residence. In case of search or seizure in the residence, the warrant of a judge must be presented.
Article 15
The privacy of correspondence of all citizens shall be guaranteed.
Article 16
  1. All citizens shall enjoy freedom of religion.
  2. No State religion shall be recognized , and religion and politics shall be separated.
Article 17
All citizens shall enjoy freedom of conscience.
Article 18
  1. All citizens shall enjoy freedom of speech and press, and freedom of assembly and association.
  2. Licensing or censorship in regard to speech and press and permit of assembly and association shall not be recognized. However, censorship in regard to motion pictures and dramatic plays may be authorized for the maintenance of public morality and social ethics.
  3. The publication standard and facilities of a newspaper or press may be prescribed by law.
  4. Control of the time and place of outdoor assembly may be determined in accordance with the provisions of law.
  5. Neither the press nor any other publication shall impugn the personal honour or rights of an individual, nor shall either infringe upon public morality.
Article 19
  1. All citizens shall have freedom of science and arts.
  2. The rights of authors, inventors and artists shall be protected by law.
Article 20
  1. The right of property of all citizens shall be guaranteed. Its contents and restrictions shall be determined by law.
  2. The exercise of property rights shall conform to public welfare.
  3. In case of expropriation, use , or restriction of private property for public purposes, due compensation shall be paid in accordance with the provisions of law.
Article 21
All citizens who have attained the age of twenty shall have the right to vote for public officials in accordance with the provisions of law.
Article 22
All citizens shall have the right to hold public office in accordance with the provisions of law.
Article 23
All citizens shall have the right to submit written petitions to any State agency in accordance with the provisions of law. The State shall be obliged to examine such petitions.
Article 24
  1. All citizens shall have the right to be tried in conformity with the law by judges qualified under the Constitution and law.
  2. Citizens who are not on active service or employees of the military forces shall not be tried in a military tribunal within the territory of the Republic of Korea except in cases of espionage relating to military affairs and in cases of crimes in regard to sentinels, sentry-posts, supplying harmful food, and prisoners of war as defined by law, and except when they are under an extraordinary state of martial law.
  3. All citizens shall have the right to a speedy trial. A criminal defendant shall have the right to a public trial without delay in the absence of justifiable reasons.
Article 25
In case a criminal defendant under detention is found innocent, he shall be entitled to a claim against the State for compensation in accordance with the provisions of law.
Article 26
In case a person has suffered damages by unlawful acts of public officials done in the exercise of their official duties, he may request redress from the State or public entity; however, the public officials concerned shall not be exempt from liabilities.
Article 27
  1. All citizens shall have the right to receive an equal education commensurate with their abilities.
  2. All citizens who have children under their protection shall be responsible for their elementary education.
  3. Such compulsory education shall be free.
  4. Independence and political impartiality of education shall be guaranteed.
  5. Fundamental matters pertaining to the educational system and its operation shall be determined by law.
Article 28
  1. All citizens shall have the right to work. The State shall endeavor to promote the employment of workers through social and economic means.
  2. All citizens shall have the duty to work. The contents and conditions of the duty to work shall be determined by law in conformity with democratic principles.
  3. Standards of working conditions shall be determined by law.
  4. Special protection shall be accorded to working women and children.
Article 29
  1. Workers shall have the right of independent association, collective bargaining and collective action for the purpose of improving their working conditions.
  2. The right of association. collective bargaining, and collective action shall not be accorded to the workers who are public officials except for those authorized by the provisions of law.
Article 30
  1. All citizens shall be entitled to a decent human life.
  2. The State shall endeavor to promote social security.
  3. Citizens who are incapable of making a living shall be protected by the State in accordance with the provisions of law.
Article 31
The purity of marriage and the health of all citizens shall be protected by the state.
Article 32
  1. Liberties and rights of the citizens shall not be ignored for the reasons that they are not enumerated in the Constitution.
  2. Liberties and rights of citizens may be restricted by law only in cases deemed necessary for the maintenance of order and public welfare. In case of such restriction, the essential substances of liberties and rights shall not be infringed.
Article 33
All citizens shall have the duty to pay taxes levied in accordance with the provisions of law.
Article 34
All citizens shall have the duty to defend the national territory in accordance with the provisions of law.

CHAPTER III. ORGANS OF GOVERNMENTEdit

SECTION 1. The National AssemblyEdit

Article 35
The legislative power shall be exercised by a National Assembly.
Article 36
  1. The National Assembly shall be composed of members elected by universal, equal, direct, and secret elections of the citizens.
  2. The number of the members of the National Assembly shall be determined by law within the range of no less than one hundred and fifty and no more than two hundred and fifty persons.
  3. Any person desiring to become a candidate for the National Assembly shall be recommended by the political party to which he belongs.
  4. Matters pertaining to the election of the members of the National Assembly shall be determined by law.
Article 37
The terms of office of the members of the National Assembly shall be four years.
Article 38
A person shall lose his membership in the National Assembly during his tenure when he leaves or changes his party, or when his party is dissolved. However, the provisions of this article shall not apply in cases of changes in party membership caused by amalgamation of parties or in case a person has been expelled from his party.
Article 39
No member of the National Assembly shall concurrently hold other public or private positions as determined by law.
Article 40
All members of the National Assembly shall be prohibited from seeking, through abuse of their position, any rights or interests in property or position, or from facilitating the securing of the same in behalf of others, by means of contract with, or disposition of a State or public agency or any other enterprise determined by law.
Article 41
  1. During 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 the apprehension of one in flagrante delicto.
  2. In case of apprehension and detention of a member prior to the opening of the session, such member shall be released during the session upon the request of the National Assembly except in case of one in flagrante delicto.
Article 42
Members of the National Assembly shall not be held responsible outside the National Assembly for opinions expressed or votes cast within the Assembly.
Article 43
  1. A regular session of the National Assembly shall be convened once every year in accordance with the provisions of law.
  2. In case of extraordinary necessity the Speaker of the National Assembly shall publicly notify the convocation of an extra ordinary session of the National Assembly upon the request of the President or one fourth or more of the members duly elected and seated.
  3. The period of regular session shall not exceed one hundred and twenty days and the extraordinary session thirty days.
Article 44
The National Assembly shall elect one Speaker and two Vice Speakers.
Article 45
Unless otherwise provided for in the Constitution or in laws, the attendance of more than one half of the members duly elected and seated and the concurrence of more than one half of the members present shall be necessary for decisions of the National Assembly. In case of a tie vote, the matter shall be considered to be rejected by the National Assembly.
Article 46
Sessions of the National Assembly shall be open to the public. However, they may be closed to the public with the concurrence of more than one half of the members present.
Article 47
Bills and other subjects submitted to the National Assembly for deliberation shall not be abandoned for the reason that they are not decided upon during the session. However, it shall be otherwise if the tenure of the members of the National Assembly has expired.
Article 48
Bills may be introduced by the members of the National Assembly or by the Executive.
Article 49
  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 the preceding paragraph, return it to the National Assembly with the written explanation of his objection, and may request its reconsideration. The President may do the same during the adjournment of the National Assembly.
  3. The President may not request the National Assembly to reconsider the bill in part or with proposed amendments.
  4. In case there is a request for reconsideration of a bill, the National Assembly shall reconsider it and if the National Assembly repasses the bill in the original form with the attendence of more than one half of the members duly elected and seated, and with concurrence of two-thirds or more of the members present, the bill shall become law.
  5. If the President does not promulgate the bill or does not request the National Assembly to reconsider it within the period referred to in the first paragraph, the bill shall become law.
  6. The President shall without delay promulgate laws in accordance with paragraph (4) and paragraph (5) . If the President does not promulgate a law within five days after it has been determined under the foregoing paragraphs, or after it has been returned to the Executive under paragraph (4), the Speaker shall promulgate it.
  7. A law shall become effective twenty days after the date of promulgation unless otherwise stipulated.
Article 50
  1. The National Assembly shall deliberate and decide upon the national budget.
  2. The Executive shall formulate the budget for each fiscal year and submit it to the National Assembly within one hundred twenty days before the beginning of a fiscal year. The National Assembly shall decide upon the budget within thirty days before the beginning of the fiscal year.
  3. If the budget is not adopted within the period referred to in the preceding paragraph, the Executive may, within the limit of revenue and in conformity with the budget for the previous fiscal year, disburse the following expenditures until the adoption of the budget by the National Assembly:
  1. The emoluments of public officials and basic expenditures for the conduct of administration.
  2. Maintenance costs for agencies and institutions established by the Constitution or law and the obligatory expenditures provided by law.
  3. Expenditures for continuous projects already provided in the budget.
Article 51
  1. If it shall be necessary to make continuous disbursements for a period of more than one fiscal year, the Executive shall determine the length of the period for such continuous disbursements. Continuous disbursements shall be approved by the National Assembly.
  2. The establishment of a reserve fund for unforeseen expenditures not provided for in the budget or for any disbursement in excess of the budget shall be approved by the National Assembly in advance. The disbursement of the reserve fund shall be approved by the subsequent session of the National Assembly.
Article 52
When it is necessary to amend the budget because of circumstances arising after the adoption of the budget, the Executive may formulate a supplementary amended budget and submit it to the National Assembly.
Article 53
The National Assembly shall, without the consent of the Executive, neither increase the sum of any item of expenditure or create new items of expenditure in the budget submitted by the Executive.
Article 54
When the Executive plans to issue national bonds or to conclude contracts which may create a financial obligation for the State outside the budget, he shall obtain the prior consent of the National Assembly.
Article 55
The items and rates of all taxes shall be determined by law.
Article 56
  1. The National Assembly shall have the right of concurrence to the ratification of treaties pertaining to mutual assistance, mutual security, international organizations, commerce, fishery, peace, financial obligation for the State or nationals, the status of alien forces in the territory, and legislative matters.
  2. The National Assembly shall also have the right of concurrence to the declaration of war, the dispatch of the armed forces to foreign states, or the stationing of alien forces in the territory of the Republic of Korea.
Article 57
The National Assembly may inspect the administration of the State, demand the production of necessary documents, the appearance of a witness in person, and the furnishing of testimony or opinions. However, the National Assembly shall not interfere with a judicial trial or criminal investigation in process, or prosecution.
Article 58
The Prime Minister, the State Council Members and Representatives of the Executive may attend meetings of the National Assembly or its committees to report on the state of administration or to state opinions and answer questions, and upon request from the National Assembly, its committees, or from more than thirty members of the National Assembly, they shall appear in any meeting of the National Assembly and answer questions.
Article 59
  1. The National Assembly may recommend to the President the removal of the Prime Minister or any State Council Member.
  2. The recommendation referred to in the preceding paragraph shall have the concurrence of more than one half of the members of the National Assembly duly elected and seated.
  3. When a recommendation referred to in paragraph (1) and paragraph (2) is submitted, the President shall agree thereto unless there is a special reason to be otherwise.
Article 60
  1. The National Assembly may establish rules concerning its agenda and internal regulations, provided they are not contrary to law.
  2. The National Assembly shall review the qualification of its members and take disciplinary actions against its members.
  3. The concurrence of a two-thirds or more of the members of the National Assembly duly elected and seated shall be required for the expulsion of any member.
  4. No court action shall be brought with regard to a decision made under paragraph (2) and paragraph (3).
Article 61
  1. If the President, the Prime Minister, State Council Members, Ministers of the Executive Branch, Judges, Members of the Central Election Committee, Members of the Board of Inspection and other public officials designated by law have violated this Constitution or other laws exercise of their duties, the National Assembly shall have power to pass motions for their impeachment.
  2. The motion for impeachment, pursuant to the preceding paragraph, shall be proposed by thirty members or more of the National Assembly. The vote of more than one half of the members of the National Assembly duly elected and seated shall be necessary to institute impeachment. However, a motion for impeachment of the President shall be proposed by fifty members or more of the National Assembly, and shall require the concurrence of a two-thirds or more of the members of the National Assembly duly elected and seated.
  3. Any person against whom impeachment has been instituted shall be suspended from exercising his power until the impeachment has been tried.
Article 62
  1. The Impeachment Council shall be established to try impeachment.
  2. The Impeachment Council shall be composed of the Chief Justice of the Supreme Court who shall serve as Chairman, three judges of the Supreme Court, and five members of the National Assembly. However, in case of a trial for impeachment of the Chief Justice, the Speaker of the National Assembly shall become the Chairman of the Council.
  3. The concurrence of six or more members of the Impeachment Council shall be required for the decision on impeachment.
  4. The decision on impeachment shall not cause other than dismissal from public position . However, it shall not exempt the impeached person from civil or criminal liability .
  5. Matters pertaining to the impeachment trial shall be determined by law.

SECTION 2. The ExecutiveEdit

Sub-Section 1. The PresidentEdit
Article 63
  1. The executive power shall be vested in the Executive Branch headed by the President.
  2. The President shall represent the State vis-a-vis foreign states.
Article 64
  1. The President shall be elected by a universal, equal, direct and secret ballot of the people. However, in case of a vacancy in the office of the President and the remainder of the term is two years or less, the President shall be elected by the National Assembly.
  2. Citizens who are qualified to be elected to the National Assembly and who, on the date of the Presidential election, shall have resided continuously within the country for five years or more and have attained the age of forty years or more, shall be eligible to be elected to the Presidency. In this case, the period during which a person is dispatched overseas on official duty shall be considered as a period of domestic residence.
  3. Any person desiring to become a Presidential candidate shall be recommended by the political party to which he belongs.
  4. Matters pertaining to the Presidential election shall be determined by law.
Article 65
  1. When two or more Presidential candidates are tied for the highest number of votes in the popular Presidential election, the person who receives a majority vote in open session attended by more than one half of the members of the National Assembly duly elected and seated shall be elected the President.
  2. When there is only one Presidential candidate, he shall not be elected unless he has received a one-third or more of the total number of votes cast in the election.
Article 66
  1. When the President is to be elected by the National Assembly, the person who receives two-thirds or more of the votes of the members of a session of the National Assembly which is attended by two-thirds or more of the members thereof duly elected and seated shall be elected the President.
  2. If no person receives the required number of votes referred to in the preceding paragraph, a second vote shall be conducted, and if no person receives the required number of votes referred to in the preceding paragraph, a final vote shall be conducted between the two candidates with the highest votes and the person who receives a majority of votes in such election shall be elected the President.
Article 67
  1. The President shall be elected between seventy to forty days before the term of the incumbent President expires.
  2. In case of vacancy in the office of the President, an election shall be held immediately . The same shall apply in case the President-elect dies, or loses his qualification as President due to the decision of a court or for other reasons.
Article 68
  1. Before the President assumes his office he shall take the following oath: " I do solemnly swear before the nation that I shall observe the Constitution, defend the State, promote freedom and welfare of the people, and shall faithfully execute the duties of the office of the President."
  2. The members of the National Assembly and judges of the Supreme Court, shall witness the Presidential oath referred to in the preceding paragraph.
Article 69
  1. The term of the office of the President shall be four years.
  2. In case of vacancy in the office of the President, the successor shall hold office during the remaining term of his predecessor.
  3. The President cannot be re-elected for more than three consecutive terms.
Article 70
In case of vacancy in the office of the President or of his inability to perform his duties, the Prime Minister or one of the members of the State Council, in the order of priority as deter mined by law, shall act as the President.
Article 71
The President shall conclude and ratify treaties, accredit, receive or dispatch diplomatic envoys, declare war and conclude peace.
Article 72
  1. The President shall exercise supreme command of the National Armed Forces in accordance with the provisions of the Constitution and law.
  2. The organization and formation of the National Armed Forces shall be determined by law.
Article 73
  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 of financial crisis, it is necessary to take urgent measures for the maintenance of public safety and order, the President shall have power to take the minimum necessary financial and economic dispositions and to issue ordinances having the effect of law, provided, however, that the President shall exercise such power only when it is not possible to convene the National Assembly in time.
  2. The President shall have power to issue ordinances have the effect of law only when it is necessary for the national security under the state of armed hostilities, and when it is not possible to convene the National Assembly in time.
  3. The ordinances or dispositions set forth in the two preceding paragraphs shall be reported without delay to the National Assembly for approval.
  4. If the approval referred to in the preceding paragraph is not obtained, such ordinances or dispositions shall lose their effect thereafter. However, any law, revised or repealed by such ordinances, shall be duly reinstated from the time they were disapproved by the National Assembly.
  5. The President shall announce to the public without delay the circumstances and reasons in connection with the two preceding paragraphs.
Article 74
The President may issue presidential decrees concerning matters that are within the scope specifically delegated by law and that are required for the enforcement of law.
Article 75
  1. The President shall, in time of war, armed conflict, or similar national emergency when there is a military necessity or when it is necessary to maintain the public safety and order by mobilization of the military forces, proclaim a state of martial law in accordance with the provisions of law.
  2. Martial law may be an extraordinary or a precautionary.
  3. Under proclaimed martial law, special measures may be taken, in accordance with provisions of law, with regard to the warrant system, freedom of speech, press, assembly and association, or with regard to the rights and the powers of the Executive or the Judiciary.
  4. The President shall immediately notify the National Assembly of the proclamation of martial law.
  5. When the National Assembly so requests, the President shall lift the proclaimed martial law.
Article 76
The President shall appoint public officials in accordance with the provisions of the Constitution and law.
Article 77
  1. The President may grant amnesty, reduction of punishment, and rehabilitation in accordance with the provisions of law.
  2. In granting general amnesty, the President shall receive the consent of the National Assembly.
  3. Matters pertaining to amnesty, reduction of punishment, and rehabilitation, shall be determined by law.
Article 78
  1. The President shall award decorations and other honors in accordance with the provisions of law.
Article 79
The President may attend and address the National Assembly or express his view thereto by written message.
Article 80
The acts of the President in accordance with law shall be executed by written documents, and all such documents shall be counter-signed by the Prime Minister and by the members of the State Council concerned. The same shall apply to military affairs.
Article 81
The President shall not hold concurrently the offices of the Prime Minister, the State Council, the head of any Executive Ministry, or other official and private positions as determined by law, or engage in private business.
Article 82
The President shall not be charged with any criminal offense during his tenure of office except for crimes involving insurrection or inducement of foreign invasion.
Sub-Section 2. The State CouncilEdit
Article 83
  1. The State Council deliberate on important policies relating to the exercise of executive power.
  2. The State Council shall be composed of the President, the Prime Minister , and the other members of the State Council whose total number shall be not more than twenty and not less than ten.
Article 84
  1. The Prime Minister shall be appointed by the President, and members of the State Council shall be appointed by the President upon the proposal of the Prime Minister.
  2. No member of the armed forces shall be appointed as the Prime Minister or a member of the State Council unless he has retired from active service.
  3. The Prime Minister may recommend to the President the removal of a member of the State Council from office.
Article 85
  1. The President shall be the Chairman of the State Council.
  2. The Prime Minister shall assist the President and shall be the Vice-Chairman of the State Council.
Article 86
The following matters shall be referred to the State Council for deliberation:
  1. Basic plans on State affairs, and general policies of the Executive;
  2. Declaration of war, conclusion of peace and other important matters pertaining to foreign policy;
  3. Proposed treaties, legislative bills, proposed ordinances of the President;
  4. Proposed budgets, closing accounts, basic plan on disposal of the State properties, conclusion of a contract creating a financial obligation for the State, and other important financial matters;
  5. Proclamation and termination of a martial law;
  6. Important military affairs;
  7. Matters pertaining to a request for convening an extraordinary session of the National Assembly;
  8. Awarding of honors;
  9. Granting of amnesty reduction of punishment and rehabilitation;
  10. Matters regarding the determination of jurisdiction between executive Ministries;
  11. Basic plans concerning delegation or allocation of powers within the Executive;
  12. Evaluation and analysis of the administration of the State affairs;
  13. Formulation and coordination of important policies of each executive ministry;
  14. An action for the dissolution of a political party;
  15. Examination of petitions pertaining to executive policies submitted or referred to the Executive;
  16. Appointment of the Prosecutor General, the President of the National Universities, Ambassadors, the Chiefs of Staff of each armed service, Marine Corps Commandant, diplomatic ministers, other public officials designated by law, and the managers of important state-operated enterprises;
  17. Other matters presented by the President, the Prime Minister, or a State Council member.
Article 87
  1. The National Security Council is established to advise the President on the formulation of foreign, military and domestic policies related to the national security prior to their deliberation by the State Council.
  2. The meeting of the National Security Council shall be presided over by the President.
  3. The Organization, scope of functions, and other matters pertaining to the National Security Council shall be determined by law.
Sub-Section 3. The Executive MinistriesEdit
Article 88
Heads of executive Ministries shall be appointed by the President from among the State Council members upon the proposal of the Prime Minister.
Article 89
The Prime Minister shall supervise , under orders of the President, the Executive Ministries in their administration.
Article 90
The Prime Minister or the head of each Executive Ministry may, under a delegation of power by law or Presidential decree or ex officio, issue ordinances of the PrimeMinister of the Ministry concerning matters that are within their jurisdiction.
Article 91
The establishment, organization, and scope of functions of each Ministry shall be determined by law.
Sub-Section 4. The Board of InspectionEdit
Article 92
The Board of Inspection is established under the President to inspect the closing accounts of revenues and expenditures, the accounts of the State and other organizations as determined by law, and to inspect the administrative functions of executive agencies and public officials.
Article 93
  1. The Board shall be composed of no less than five and no more than eleven members, including its Chairman.
  2. The Chairman of the Board shall be appointed by the President with the approval of the National Assembly. The term of the tenure of the Chairman shall be four years, and he may be reappointed for only one more consecutive term.
  3. In case of vacancy in the office of the Chairman, the tenure of a successor shall be the remaining period of the predecessor.
  4. The members of the Board shall be appointed by the President upon nomination of the Chairman for a period of four years, and may be reappointed for additional terms as determined by law.
Article 94
The Board of Inspection shall inspect the closing ac counts of the revenues and expenditures every year, and report the results to the President and the National Assembly in the following year.
Article 95
The organization of the Board, the scope of functions, the qualifications of the members of the Board, the range of the public officials subject to inspection, and other necessary matters shall be determined by law.

SECTION 3. The CourtsEdit

Article 96
  1. The 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 specific levels.
  3. The qualifications for judges shall be determined by law.
Article 97
  1. Departments may be established within the Supreme Court.
  2. The number of judges for the Supreme Court shall not exceed sixteen.
  3. The organization of the Supreme Court and lower courts shall be determined by law.
Article 98
Judges shall rule independently according to their conscience and in conformity with the Constitution and law.
Article 99
  1. The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly upon the proposal of the Judge Recommendation Council. After proposal of the Council, the President shall request the National Assembly for its consent and shall appoint the Chief Justice after the consent of the National Assembly has been obtained.
  2. Judges of the Supreme Court shall be appointed by the President upon the proposal of the Chief Justice after he has secured the consent of the Judge Recommendation Council. If such a proposal is submitted, the President shall appoint the proposed person.
  3. Judges other than the Chief Justice and judges of the Supreme Court shall be appointed by the Chief Justice through the decision of the Council of the Supreme Court Judges.
  4. The Judge Recommendation Council shall be composed of four judges, two lawyers, one professor of law nominated by the President, the Minister of Justice and the Prosecutor General.
  5. Matters pertaining to the Judge Recommendation Council shall be determined by law.
Article 100
  1. The tenure of the Chief Justice shall be six years and he shall not serve a consecutive term.
  2. The tenure of the other judges shall be ten years and they may be reappointed in accordance with the provisions of law.
  3. Judges shall retire from office at the age of sixty five.
Article 101
  1. No judge shall be dismissed from office except by impeachment or criminal punishment, nor shall he be suspended from office or his salary reduced, or suffer from other unfavorable measures, except through disciplinary measures.
  2. In the event a judge is unable to discharge his duty because of mental or physical deficiency, he may be removed from office in accordance with the provisions of law.
Article 102
  1. The Supreme Court shall have the power to decide with finality the constitutionality of a law , when a determination of its constitutionality is prerequisite to a trial.
  2. The Supreme Court shall have the power to decide with finality the constitutionality or legality of administrative orders, regulations, or administrative actions, when a determination of their constitutionality or legality is prerequisite to a trial.
Article 103
Any decision to dissolve a political party shall have the concurrence of a three-fifths or more of the duly authorized number of judges of the Supreme Court.
Article 104
The Supreme Court may establish, within the scope of law, procedures pertaining to judicial proceedings, internal regulations, and rules on routine administrative matters of the courts.
Article 105
Trials and decisions of the courts shall be open to the public; however, trials may be closed to the public by a court when there is a possibility that such trials may disturb the public safety and order or be harmful to decent customs.
Article 106
  1. Military tribunals may be established as special courts to exercise jurisdiction over military trials.
  2. The Supreme Court shall have final appellate jurisdiction over the military tribunals.
  3. Military trials under an extraordinary state of martial law may be limited to original jurisdiction only in cases of crimes of soldiers and civilian employees of the armed forces, in cases of espionage on military affairs, and crimes as defined by law in regard to sentinels, sentry-posts, supplying of harmful food, and prisoners of war.

SECTION 4. Election ManagementEdit

Article 107
  1. Election Committees shall be established for the purpose of fair management of elections.
  2. The Central Election Committee shall be composed of two members appointed by the President, two members elected by the National Assembly, and five members elected by the Council of Supreme Court Judges. The Chairman of the Committee shall be elected from among its members.
  3. The terms of office of the Committee members shall be five years and it may be extended by reappointment.
  4. The members of the Committee shall not join political parties nor shall they participate in political activities.
  5. No member shall dismissed except through impeachment or criminal punishment.
  6. The Central Election Committee may, within the limit of laws and ordinances, establish regulations pertaining to the management of elections.
  7. The organization, scope of functions and other necessary matters of the Election Committees of each level shall be determined by law.
Article 108
  1. Election campaigns shall be conducted under the management of the Election Committees of each level within the limit determined by law. Equal opportunity shall be guaranteed.
  2. The expenditures incident to the elections shall not be borne by political parties or candidates except where otherwise provided for in the law.

SECTION 5. Local self-government bodiesEdit

Article 109
  1. Local self-government bodies shall deal with matters pertaining to the welfare of local residents, manage properties, and may establish within the limit of laws and ordinances, rules and regulations regarding local self-government.
  2. The kinds of local self-government bodies shall be determined by law.
Article 110
  1. A local self-government body shall have a council.
  2. The organization, powers and the election of the members of the local councils, the methods of the election for the heads of local self-government bodies, and other matters pertaining to the organization and operation of such bodies shall be determined by law.

CHAPTER IV. THE ECONOMYEdit

Article 111
  1. The economic order of the Republic of Korea shall be based on the principle of respect for freedom and creative ideas of the individual in economic affairs.
  2. The State shall regulate and coordinate economic affairs within limits necessary for the realization of social justice and for the development of a balanced national economy to fulfill the basic requirements of life of all citizens.
Article 112
License to exploit, develop or utilize mines, and all other important underground resources, marine resources, water power, natural powers available for economic use may be granted for limited periods in accordance with the provisions of law.
Article 113
Agricultural tenancy shall be prohibited in accordance with the provisions of law.
Article 114
The State may impose restrictions or obligations neces sary for the efficient utilization of the farm and forest land in accordance with the provisions of law.
Article 115
The State shall encourage the development of cooperatives founded on the self-help spirit of the farmers, fisherman, and the small and medium businessmen, and shall guarantee their political impartiality.
Article 116
The State shall encourage foreign trade, and shall regulate and coordinate it.
Article 117
Private enterprises shall not be transferred to State or public ownership nor shall their management be controlled or administered by the State except in cases determined by law to meet urgent necessities of national defense or national economy.
Article 118
  1. An Economic and Scientific Council is established to advise the President on the formulation of important policies concerning the development of national economy and the promotion of sciences for the purpose of such development prior to their deliberation by the State Council.
  2. The President shall preside over the Economic and Scientific Council.
  3. The organization, scope of functions, and other necessary matters of the Economic and Scientific Council shall be determined by law.

CHAPTER V. AMENDMENTS TO THE CONSTITUTIONEdit

Article 119
  1. A motion to amend the constitution shall be introduced either by one-third or more of the members of the National Assembly duly elected and seated, or by the concurrence of five hundred thousand or more of the voters eligible to vote for the members of the National Assembly.
  2. Proposed amendments to the Constitution shall be announced by the President to the public for more than thirty days.
Article 120
  1. The National Assembly shall decide upon proposed amendments to the Constitution within sixty days after the end of its public announcement.
  2. The decision on a proposed amendment to the Constitution shall require the concurrence of a two-thirds or more of the members of the National Assembly duly elected and seated.
Article 121
  1. After an amendment to the Constitution has been adopted, it shall be submitted to a national referendum within sixty days and shall receive the affirmative votes of more than one half of votes cast by more than one half of all voters eligible to vote for the election of the members of the National Assembly.
  2. When the proposed amendment to the Constitution has received the affirmative votes referred to in the preceding paragraph, the Constitution shall be thus amended, and the President shall promulgate the amendment immediately.

AddendaEdit

SUPPLEMENTARY RULES (Revision of December 26, 1962)Edit

Article 1
  1. This Constitution shall come into force on the date of the first convocation of the National Assembly which is constituted pursuant to this Constitution. However, the enactment of the necessary legislation for the enforcement of this Constitution, the elections of the President and the members of the National Assembly pursuant to this Constitution and other preparations may be carried out prior to the enforcement of this Constitution.
  2. The Law concerning the Extraordinary Measures for National Reconstruction shall lose its effect upon the coming into force of this Constitution.
Article 2
The first general election for the President and the members of the National Assembly and the first convocation of the National Assembly pursuant to this Constitution shall take place within one year from the date of the promulgation of this Constitution. The term of the President and the members of the National Assembly, thus elected, shall begin from the date of the first convocation of the National Assembly and end on June 30, 1967.
Article 3
Orders and treaties promulgated pursuant to the Law concerning the Extraordinary Measures for National Reconstruction shall remain in force to the extent not incompatible with this constitution.
Article 4
  1. The Special Law concerning the Punishment of Special Crimes, the Law for the Punishment of Those Involved in Fraudulent Election, the Law concerning the Purification of Political Activities, and the Law concerning the Disposition of illicit Profiteering, and other laws related thereto shall remain in force, and no objection thereto shall be raised.
  2. The Law concerning the Purification of Political Activities, the Law concerning the Disposition of Illicit Profiteering and other laws related thereto shall not be amended or abolished.
Article 5
The trials, the budget or disposition pursuant to the Law concerning the Extraordinary Measures for National Reconstruction, or pursuant to the orders and decrees on the basis of the Law, shall remain in force and shall not be subject to court action on account of this Constitution.
Article 6
Public officials and staffs of enterprises appointed by the government at the time of coming into force of this Constitution shall be considered to have been appointed pursuant to this Constitution. However, public officials, whose method of selection has been changed by this Constitution, shall only perform their functions until successors are selected in accordance with this Constitution.
Article 7
  1. The organs which are, at the time of the coming into force of this Constitution, performing the functions belonging to the jurisdiction of the organs to be newly established pursuant to this Constitution, shall continue to perform their functions until the new organs are established under this Constitution.
  2. The organs to be newly established pursuant to the Constitution shall be organized within one year after the coming into force of this Constitution.
  3. The time of the establishment of the first local councils pursuant to this Constitution shall be determined by law.
Article 8
The number of the members of the National Assembly after the recovery of all the national territory shall be separately determined by law.
Article 9
The decrees of the President, the orders of the State Council, and the Cabinet decrees existing at the time of the coming into force of this Constitution shall be considered to be Presidential decrees issued pursuant to this Constitution.

SUPPLEMENTARY RULES (Amendment of October 21, 1969)Edit

This Constitution, as amended, shall come into force on the date of its promulgation.

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
June 15, 1960 Constitution of the Second Republic 제2공화국 헌법 (第二共和國憲法)
November 29, 1960
December 26, 1962 Constitution of the Third Republic 제3공화국 헌법 (第二共和國憲法)
October 21, 1969
 

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  1. Constitution, laws, treaties, decrees, ordinances and rules;
  2. Notices, public notifications, directions and others similar to them issued by the state or local government;
  3. Judgments, decisions, orders, or rulings of courts, as well as rulings and decisions made by the administrative appeal procedures, or other similar procedures;
  4. Compilations or translations of works as referred to in Subparagraphs 1 to 3 which are produced by the state or local government; and
  5. Current news reports which transmit simple facts, and digital audio transmission
 
 

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