Constitution of the Republic of Korea (1980)

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


PreambleEdit

We, the people of Korea, proud of a glorious history, a brilliant culture and a tradition of cherishing peace from time immemorial, imbued with the sublime spirit of independence as manifested in the March First Movement, upon the birth of the democratic Fifth Republic charged with the historic mission of the peaceful unification of the homeland and national renaissance, having determined to consolidate national unity with justice, humanitarianism and brotherly love; to destroy all social vices and injustice; to afford equal opportunities to every person and provide for the fullest development of the capabilities of each individual in all fields, including political, economic, civic and cultural life by further strengthening the basic free and democratic order; to help each person discharge those duties and responsibilities concomitant to freedoms and rights; and to promote the welfare of the people, strive for a lasting world peace, promote international prosperity and, thereby, to create a new era in our history ensuring security, liberty and happiness for ourselves and our descendants forever, do hereby amend, through referendum, the Constitution, ordained and established on the Twelfth Day of July in the year of Nineteen Hundred and Forty-eight A.D., and amended on the Fifteenth Day of June in the year of Nineteen Hundred and Sixty A.D., the Twenty-sixth Day of December in the year of Nineteen Hundred and Sixty two A.D., and the Twenty-seventh Day of December in the year of Nineteen Hundred and Seventy-two A.D.

October 27, 1980

The ConstitutionEdit

CHAPTER I. GENERAL PROVISIONSEdit

Article 1
  1. The Republic of Korea is 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
  1. Citizenship in the Republic of Korea shall be determined by law.
  2. Citizens residing abroad shall be protected by the State.
Article 3
The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands.
Article 4
  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.
Article 5
  1. Treaties duly concluded and promulgated in accordance with 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 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 office and political impartiality of public officials 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. Political parties shall be democratic in their 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 in accordance with the provisions of law.
  4. If the purposes or activities of a political party are contrary to the basic democratic order, the Government may bring action against it in the Constitution Committee for its dissolution, and the political party shall be dissolved in accordance with the decision of the Constitution Committee.
Article 8
The State shall strive to sustain and develop the cultural heritage and to enhance national culture.

CHAPTER II. RIGHTS AND DUTIES OF CITIZENSEdit

Article 9
All citizens shall be assured of human worth and dignity 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 10
  1. All citizens shall be equal before the law, and there shall be no discrimination in political, economic, civic 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 privileged status shall be created thereby.
Article 11
  1. All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized, interrogated, punished or placed under probationary supervision except as provided by law, or be subject to involuntary labor except by a criminal sentence.
  2. No citizen shall be tortured or be compelled to testify against himself in criminal cases.
  3. Warrants issued by a judge upon the request of a prosecutor shall be presented in case of arrest, detention, seizure or search. However, in case a criminal suspect is apprehended flagrante delicto, or where 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. All persons who are 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 provided by law.
  5. All persons who are arrested or detained shall have the right to request the court to review the legality of the arrest or detention.
  6. In case a confession is determined to have been made against a defendant’s will by means of torture, violence, intimidation, unduly prolonged arrest, deceit or etc., or in case a confession is the only evidence against a defendant, such a confession shall not be admitted as evidence toward a conviction nor shall punishment be meted out on the basis of such a confession.
Article 12
  1. No citizen shall be prosecuted for an act which does not constitute a crime under the law effective 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 13
All citizens shall enjoy freedom of residence and the right to move at will.
Article 14
All citizens shall enjoy freedom of occupation.
Article 15
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 16
No citizen shall be subject to violation of privacy.
Article 17
The privacy of correspondence of all citizens shall not be violated.
Article 18
All citizens shall enjoy freedom of conscience.
Article 19
  1. All citizens shall enjoy freedom of religion.
  2. No state religion shall be recognized, and religion and politics shall be separated.
Article 20
  1. All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association.
  2. 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 21
  1. All citizens shall enjoy freedom of learning and the arts.
  2. The rights of authors, inventors and artists shall be protected by law.
Article 22
  1. The right of property of all citizens shall be guaranteed. The contents and limitations thereof shall be determined by law.
  2. The exercise of property rights shall conform to the public welfare.
  3. Expropriation, use or restriction of private property from public necessity may be made by law, but compensation therefor shall be paid. Compensation shall be determined by law in fair assessment of the common benefit and of the interests of persons involved.
Article 23
  1. All citizens who have attained to the age of twenty shall have the right to vote in accordance with the provisions of law.
Article 24
  1. All citizens shall have the right to hold public office in accordance with the provisions of law.
Article 25
  1. All citizens shall have the right to petition in writing to any state agency in accordance with the provisions of law.
  2. State agencies shall be obligated to examine all such petitions.
Article 26
  1. All citizens shall have the right to be tried in conformity with the law by judges qualified under the Constitution and the law.
  2. Citizens who are not on active military service or employees of the military forces shall not be tried by a court martial except in case of crimes involving important classified military information, sentinels, Sentry posts, the supply of harmful food, prisoners of war and military articles and facilities as defined by law; and except when extraordinary martial law has been declared, or when the President has taken an emergency measure concerning the power of the courts.
  3. All citizens shall have the right to a speedy trial. An 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 determination of guilt has been confirmed.
Article 27
In case the accused under detention is acquitted, he shall be entitled to a claim against the State for just compensation in accordance with the provisions of law.
Article 28
  1. In case a person has sustained damages by unlawful acts committed by public officials in the course of their official duties, he may make a claim against the State or public agency for just compensation in accordance with the provisions of law; however, the public officials 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 defined by law 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 agency on the grounds of unlawful acts committed by public officials in the course of official duties, but shall be compensated as provided by law.
Article 29
  1. All citizens shall have the right to receive an equal 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 law.

  1. Compulsory education shall be free.
  2. Independence, professionalism and political impartiality of education shall be guaranteed in accordance with the provisions of law.
  3. The State shall promote lifelong education.
  4. Fundamental matters pertaining to the educational system, including in-school and lifelong education, administration, finance, and the status of teachers shall be determined by law.
Article 30
  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.
  2. All citizens shall have the duty to work. The State shall determine the contents and conditions of the duty to work by law in conformity with democratic principles.
  3. Standards of working conditions shall be determined by law in such a way as to guarantee human dignity.
  4. Special protection shall be accorded to working women and children.
  5. The opportunity to work shall be accorded preferentially 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 in accordance with the provisions of law.
Article 31
  1. To enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action. However, the right to collective action shall be exercised in accordance with the provisions of law.
  2. The right to association, collective bargaining and collective action shall not be granted to public officials, except for those authorized by the provisions of law.
  3. The right to collective action of workers employed by the central government, local governments, state-run enterprises, defense industries, public utilities or enterprises which have a serious impact on the national economy may be either restricted or denied in accordance with the provisions of law.
Article 32
  1. All citizens shall be entitled to a life worthy of human beings.
  2. The State shall endeavor to promote social security and welfare.
  3. Citizens who are incapable of earning a livelihood shall be protected by the State in accordance with the provisions of law.
Article 33
All citizens shall be entitled to live in a clean environment. The State and all citizens shall have the duty to protect the environment.
Article 34
  1. Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes.
  2. The health of all citizens shall be protected by the State.
Article 35
  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 restrict ed by law 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 36
All citizens shall have the duty to pay taxes in accordance with the provisions of law.
Article 37
  1. All citizens shall have the duty of national defense in accordance with the provisions of law.
  2. No citizen shall be discriminated against on account of the fulfillment of his obligation of military service.

CHAPTER III. THE EXECUTIVEEdit

SECTION 1. The PresidentEdit

Article 38
  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 39
  1. The President shall be elected by the presidentialelectoral college through a secret ballot.
  2. Any person desiring to become a presidential candidate shall be registered at the recommendation of a political party or of a number of members of the presidential electoral college as determined by law.
  3. The election of the President shall be by the concurrence of the majority of the total members of the presidential electoral college.
  4. In case no person receives the required number of votes as prescribed in Paragraph (3), a second ballot shall be conducted. In case no person receives the required number of votes as prescribed in Paragraph (3) on the second ballot, a final ballot shall be conducted between the two persons receiving the largest and second largest number of votes if no

two persons have received the same largest number of votes; or between all persons receiving the largest number of votes if two or more persons have received the same largest number of votes; and the person receiving the largest number of votes there upon shall be elected the President.

  1. Matters pertaining to presidential elections shall be determined by law.
Article 40
  1. The presidential electoral college shall be composed of presidential electors elected by universal, equal, direct and secret ballot by citizens.
  2. The number of presidential electors shall be determined by law, but shall be more than 5,000.
  3. Matters pertaining to the election of presidential electors shall be determined by law.
Article 41
  1. Any person who is eligible to run for the National Assembly and who has reached the age of thirty or over as of the date of the election shall be eligible to be elected as a presidential elector. However, members of the National Assembly and public officials shall not become presidential electors.
  2. No presidential elector shall be arrested or detained except in case of flagrante delicto.
  3. Presidential electors may affiliate themselves with political parties.
  4. No presidential elector shall be elected a member of the National Assembly through the first National Assembly election following his election as an elector.
  5. The presidential electoral college shall dissolve on the day the term of office of the President elected by the electoral college commences.
Article 42
Citizens who are eligible for election 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 reached the age of forty years or more, shall be eligible to be elected to the presidency. The period during which a person is dispatched overseas on official duty shall be considered as a period of domestic residence.
Article 43
  1. The presidential electoral college shall elect a successor at least thirty days before the term of office of the incumbent President expires.

(2) In case a vacancy occurs in the Office of the Presi dent, a presidential electoral college shall be newly formed and a successor shall be elected within three months. Article 44 The President, at the time of his inauguration, shall take the following oath: “I do solemnly swear before the people that, by observing the Constitution, defend ing the State, endeavoring to develop national culture, promoting the freedom and welfare of the people, and pursuing the peaceful unification of the homeland, I will faithfully execute the duties of the President.” Article 45 The term of office of the President shall be seven years, and the President shall not be reelected. Article 46 In case of a vacancy in the office of the President, or the inability of the President to discharge the powers and duties of the presidency, the Prime Minister or the members of the State Council in the order of priority as determined by law shall act as the President. 20 Article 47 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 48 The President shall conclude and ratify treaties; accred it, receive or dispatch diplomatic envoys; and declare war and conclude peace. Article 49 (1) The President shall be Commander-in-Chief of the Armed Forces in accordance with the provisions of the Constitution and law. (2) The organization and formation of the Armed For ces shall be provided by law. Article 50 The President may issue presidential decrees concern ing matters delegated by law within the scope defined by law which are deemed necessary to enforce the law. Article 51 (1) In time of natural calamity or a grave financial or economic crisis, or of hostilities or similar grave extraordinary circumstances threatening the securi ty of the State, thereby making it necessary to take speedy measures in order to safeguard the State, the President shall have the power to take necessary emergency measures covering the whole range of state affairs, including internal affairs, foreign af fairs, national defense and economic, financial and judicial affairs. (2) In case of Paragraph (1), the President, when he deems it necessary, may temporarily suspend the freedoms and rights of the people prescribed in the 21 Constitution, and may take special measures with respect to the powers of the Executive and the Judi ciary. (3) In case the measures in Paragraphs (1) and (2) are taken, the President shall notify the National As sembly thereof without delay and shall obtain the concurrence of the National Assembly. In case no concurrence is obtained, the measures shall lose ef fect forthwith. (4) The emergency measures prescribed in Paragraphs (1) and (2) shall be restricted to the shortest neces sary period for the attainment of their objective. When the cause for the emergency measures ceases to exist, the President shall terminate the measures without delay. (5) The President shall lift the emergency measures when the National Assembly so requests with the concurrence of a majority of the total members of the National Assembly. Article 52 (1) When there is a military necessity or a necessity to maintain the public safety and order by mobiliza tion of the military forces in time of war, armed con flict or similar national emergency, the President may declare martial law in accordance with the pro visions of law. (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, as provided by law, with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or with respect to the powers of the Executive and the Judiciary. (4) When martial law is declared, the President shall notify the National Assembly thereof without delay. (5) The President shall lift martial law when the Nation 22 al Assembly so requests with the concurrence of a majority of the members of the National Assembly. Article 53 The President shall appoint public officials in accord ance with the provisions of the Constitution and law. Article 54 (1) The President may grant amnesty, commutation and restoration of rights in accordance with the pro visions of law. (2) The President shall receive the consent of the Na tional Assembly in granting a general amnesty. (3) Matters pertaining to amnesty, commutation and restoration of rights shall be determined by law. Article 55 The President shall award decorations and other honors in accordance with the provisions of law. Article 56 The President may attend and address the National As sembly or express his views by written message. Article 57 (1) The President may, after consultation with the Na tional Assembly Speaker and deliberation at the State Council, dissolve the National Assembly with Specific reason when there is substantial cause to believe that such a dissolution is necessary for the Security of the State and the interests of all the peo ple. However, the National Assembly shall not be dissolved within one year of its formation. (2) The President shall not dissolve the National As Sembly twice for the same reason. (3) If the National Assembly is dissolved, a general election for members of the National Assembly shall be conducted within thirty to sixty days from the date of dissolution. 23 Article 58 The acts of the President under law shall be executed by written document, and such documents shall be coun tersigned by the Prime Minister and the members of the State Council concerned. The same shall apply to mil itary affairs. Article 59 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 prescribed by law. Article 60 The President shall not be charged with a criminal of fense during his tenure of office except for insurrection Or treaSOn. Article 61 Matters pertaining to the status and courteous treat ment of former Presidents shall be determined by law. PART 2. THE EXECUTIVE BRANCH Section 1. The Prime Minister and Members of the State Council Article 62 (1) The Prime Minister shall be appointed by the Presi dent with the consent of the National Assembly. (2) The Prime Minister shall assist the President and shall supervise, under order of the President, the administration of the Executive Ministries. 24 (3) No member of the military shall be appointed Prime Minister unless he is retired from active duty. Article 63 (1) The members of the State Council shall be appoint ed 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 con stituents of the State Council, shall deliberate on State affairs. (3) The Prime Minister may recommend to the Presi dent 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. Section 2. The State Council Article 64 (1) The State Council shall deliberate on important pol icies that fall within the power of the Executive. (2) The State Council shall be composed of the Presi dent, the Prime Minister, and other members whose numbershall 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 65 The following matters shall be referred to the State Council for deliberation: 1. Basic plans for state affairs, and general policies of the Executive; 25 11. 12. 13. 14. 15. 16. 17. 18. . 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, legis lative bills, and proposed presidential decrees; . Budgets, closing of accounts, basic plansfor disposal of state properties, contracts incurring financial ob ligation on the State, and other important financial matters; . Emergency measures by the President, and declara tion and termination of martial law; . Important military affairs; . Dissolution of the National Assembly; . Requests for convening an extraordinary session of the National Assembly; . Awarding of honors; . Granting of amnesty, commutation and restoration of right; Matters pertaining to the determination of jurisdic tion 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 Chairman of the Joint Chiefs of Staff, the Chief of Staff of each armed service, the Prosecutor General, the presidents of national uni versities, ambassadors, and such other public Offi cials and the managers of important state-run enter prises as designated by law; and Other matters presented by the President, the Prime Minister or a member of the State Council. 26 Article 66 - (1) An Advisory Council on State Affairs, 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 on State Affairs. . In the absence of an immediate former President, the President shall appoint the Chairman. (3) The organization, function and other necessary matters pertaining to the Advisory Council on State Affairs shall be determined by law. Article 67 (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 law. Article 68 (1) An Advisory Council on Peaceful Unification Poli cy 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 Peaceful Unification Policy shall be determined by law. 27 Section 3. The Executive Ministries Article 69 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 70 The Prime Minister or the head of each Executive Min istry may, under the powers delegated by law or presi dential decree, or ex officio, issue ordinances of the Prime Minister or the Executive Ministry concerning matters that are within their jurisdiction. Article 71 The establishment, organization and function of each Executive Ministry shall be determined by law. Section 4. The Board of Audit and Inspection Article 72 The Board of Audit and Inspection shall be established under the President to inspect the closing of accounts of revenues and expenditures, the accounts of the State and other organizations as prescribed by law, and to in spect the administrative functions of the executive agencies and public officials. Article 73 (1) The Board of Audit and Inspection shall be com posed 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 As sembly. The term of office of the Chairman shall be four years, and he may be re-appointed only once. 28 (3) In case of a vacancy in the office of the Chairman, the term of a successor shall be the remaining period of the term of the predecessor. (4) The members of the Board shall be appointed by the President on the recommendation of the Chair man. The term of Office Of the members shall be four years, and they may be reappointed only once. Article 74 - The Board of Audit and Inspection shall inspect the closing of accounts of revenues and expenditures every year, and report the results to the President and the Na tional Assembly in the following year. Article 75 The organization of the Board, its functions, the qualifi cations of the members of the Board, the range of the public officials subject to inspection and other neces sary matters shall be determined by law. 29 CHAPTER IV THE NATIONAL ASSEMBLY Article 76 The legislative power shall be vested in the National Assembly. Article 77 (1) The National Assembly shall be composed of members elected by universal, equal, direct and Se cret ballot by the citizens. (2) The number of members of the National Assembly shall be determined by law, but the number shall be more than 200. (3) The constituencies of members of the National As sembly, proportional representation and other mat ters pertaining to National Assembly elections shall be determined by law. Article 78 The term of Office of members of the National Assem bly shall be four years. Article 79 Members of the National Assembly shall not concur rently hold any other office prescribed by law. Article 80 (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 As sembly 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 30 session, such member shall be released during the Session upon the request of the National Assembly, except in case of flagrante delicto. Article 81 No member of the National Assembly shall be held re sponsible Outside the National Assembly for opinions officially expressed or votes cast in the Assembly. Article 82 (1) Members of the National Assembly shall maintain high standards of integrity. (2) Members of the National Assembly shall give pre ference to national interests and shall perform their duties in accordance with conscience. (3) Members of the National Assembly shall not, through abuse of their positions, acquire rights and interests in property or position, or cause other per Sons to acquire the same, by means of contracts with or dispositions by the State, public agencies or in dustries. Article 83 (1) A regular session of the National Assembly shall be convened once every year in accordance with the provisions of law, and extraordinary sessions of the National Assembly shall be convened upon the re quest of the President or one-third or more of the total members. (2) The period of regular sessions shall not exceed ninety days and of extraordinary sessions thirty days. (3) The National Assembly shall not convene for more than one hundred and fifty days annually, including regular and extraordinary sessions. However, any extraordinary session convened upon the request of the President shall not be included in this count. (4) If the President requests the convening of an ex 31 traordinary session, the period of the session and the reasons for the request shall be clearly specified. (5) During an extraordinary session of the National As sembly convened upon the request of the President, only those bills submitted by the Executive shall be acted on, and such a session shall be held only within the length of time requested by the President. Article 84 The National Assembly shall elect one Speaker and two Vice-Speakers. Article 85 Unless otherwise provided for in the Constitution or in law, the attendance of a majority of the total members, and the concurrence of a majority of the members pres ent, shall be necessary for decisions of the National Assembly. In case of a tie vote, the matter shall be re garded as rejected. Article 86 (1) Sessions of the National Assembly shall be open to the public. However, they may be closed to the pub lic when so decided by a majority of the members present, or when the Speaker deems it necessary to do so for the sake of national security. (2) Proceedings of sessions which are not open to the public shall not be publicized. Article 87 Bills and other matters submitted to the National As sembly for deliberation shall not be abandoned on the ground that they were not acted upon during the session in which they were introduced. However, it shall be otherwise in case the term of the members of the National Assembly has expired, or in case the Na tional Assembly is dissolved. 32 Article 88 Bills may be introduced by members of the National Assembly or by the Executive. Article 89 (1) Each bill passed by the National Assembly shall be sent to the Executive and the President shall pro mulgate it within fifteen days. (2) In case of objection to the bill, the President may, within the period referred to in Paragraph (1), re turn it to the National Assembly with written expla nation of his objection, and request it be recon sidered. The President may do the same during ad journment of the National Assembly. (3) The President shall not request the National As sembly to reconsider the bill in part, or with pro posed 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 concurrence of two-thirds or more of the members present, it shall become law. (5) If the President does not promulgate the bill, or does not request the National Assembly to reconsid er it within the period referred to in Paragraph (1), it shall become law. (6) The President shall without delay promulgate the law as prescribed in accordance with the foregoing Paragraphs (4) and (5). If the President does not promulgate a law within five days after it has be come law under Paragraph (5), or after it has been returned to the Executive under Paragraph (4), the Speaker shall promulgate it. (7) A law shall take effect twenty days after the date of promulgation unless otherwise provided. 33 Article 90 (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 Assem bly within ninety days before the beginning of a fis cal year. The National Assembly shall decide upon it within thirty days before the beginning of the fis cal 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 institutions established by the Constitution or law. 2. Execution of the obligatory expenditures pro vided by law. 3. Continuation of projects previously approved in the budget. Article 91 (1) In case it shall be necessary to make continuing dis bursements for a period longer than one fiscal year, the Executive shall obtain the approval of the Na tional 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 92 When it is necessary to amend the budget, the Execu tive may formulate a supplementary revised budget bill and submit it to the National Assembly. 34 Article 93 The National Assembly shall, without the consent of the Executive, neither increase the sum of any item of expenditure nor create any new items in the budget sub mitted by the Executive. Article 94 When the Executive plans to issue national bonds or to conclude contracts which may incur financial obliga tions on the State outside the budget, it shall have the prior concurrence of the National Assembly. Article 95 Types and rates of taxes shall be determined by law. Article 96 (1) The National Assembly shall have the right to con sent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organi zations; 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 Ko Tea. Article 97 The National Assembly may inspect specific matters of state affairs, and may demand the production of docu ments directly related thereto, the appearance of a wit ness in person and the furnishing of testimony or opin ions. However, the National Assembly shall not inter fere with a judicial trial, or a criminal investigation in process or prosecution. 35 Article 98 (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 of 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 Minis ter or State Council members may have State Coun cil members or government delegates attend any meeting of the National Assembly and answer ques tions. Article 99 (1) The National Assembly may pass a motion for the removal of the Prime Minister or a State Council member from office. However, no motion shall be passed for the removal of the Prime Minister within one year from the date of the consent of the Nation al Assembly to his appointment. (2) A motion for removal prescribed 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 concurrence of a majority of the total members of the National Assembly. (3) When a motion referred to in Paragraph (2) is pass ed, the President shall remove the Prime Minister or the State Council member concerned from office. However, when a motion for removal of the Prime Minister is passed, the President shall remove the Prime Minister and all members of the State Council from office. 36 Article 100 (1) The National Assembly may establish the rules of its proceedings and internal regulations, provided that they are not in conflict with law. (2) The National Assembly may review the qualifica tions of its members and may take disciplinary ac tions against its members. (3) The concurrence of two-thirds or more of the total members of the National Assembly shall be re quired 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 101 (1) In case the President, the Prime Minister, members of the State Council, heads of Executive Ministries, members of the Constitution Committee, judges, members of the Central Election Management Committee, members of the Board of Audit and In spection, and other public officials designated by law have violated the Constitution or other laws in the performance of official duties, the National As sembly 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 concurrence of the National Assembly for passage. However, a motion for the impeachment of the President shall be proposed by a majority of the total members of the National Assembly. (3) Any person against whom a motion for impeach ment has been passed shall be suspended from exer cising his power until the impeachment has been de cided. (4) A decision on impeachment shall not extend further than removal from Office. However, it shall not ex empt the person impeached from civil or criminal li ability. 37 CHAPTER V THE COURTS Article 102 (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 law. Article 103 (1) Departments may be established in the Supreme Court. (2) Departments exclusively in charge of public admin istration, tax, labor, military, etc., may be estab lished in the Supreme Court. (3) There shall be Supreme Court Justices at the Su preme Court. However, judges other than Supreme Court Justices may be assigned to the Supreme Court in accordance with the provisions of law. (4) The organization of the Supreme Court and lower courts shall be determined by law. Article 104 Judges shall rule independently according to their con science and in conformity with the Constitution and law. Article 105 (1) The Chief Justice of the Supreme Court shall be ap pointed by the President with the consent of the Na tional Assembly. (2) The Supreme Court Justices shall be appointed by 38 the President on the recommendation of the Chief Justice. (3) Judges other than the Chief Justice and the Su preme Court Justices shall be appointed by the Chief Justice. Article 106 (1) The term of office of the Chief Justice shall be five years and he shall not be reappointed. (2) The term of office of the Justices of the Supreme Court shall be five years and they may be reappoint ed in accordance with the provisions of law. (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 in accord ance with the provisions of law. (4) The retirement age of judges shall be determined by law. Article 107 (1) No judge shall be removed from office except by im peachment or criminal punishment, nor shall he be suspended from office, have his salary reduced or suffer any other unfavorble treatment except by dis ciplinary action. (2) In the event a judge is unable to discharge his offi cial duties because of mental or physical impairment he may be removed from office in accordance with provisions of law. Article 108 (1) When the constitutionality of a law is a prerequisite to a trial, the court, if it construes that the law at issue runs counter to the Constitution, shall request a decision of the Constitution Committee, 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 ad 39 ministrative decrees, regulations or dispositions, when their constitutionality or legality is a prerequi site to a trial. (3) Administrative adjudication may be established as a procedure prior to a judicial trial. The procedure of administrative adjudication shall be determined by law and shall be in conformity with the principles of judicial procedures. Article 109 The Supreme Court may establish, within the scope of law, regulations pertaining to judicial proceedings and internal rules and regulations on administrative matters of the court. Article 110 Trials and decisions of the courts shall be open to the public. However, trials may be closed to the public by court decision 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. Article 111 (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 deter mined by law. (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 law in regard to sentinels, sen try posts, supply of harmful food, and prisoners of War. 40 CHAPTER VI THE CONSTITUTION COMMITTEE Article 112 (1) The Constitution Committee shall judge the follow ing matters: 1. The constitutionality of a law upon the request of the courts; 2. Impeachment; and 3. Dissolution of a political party. (2) The Constitution Committee shall be composed of nine members appointed by the President. (3) Among the members 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. (4) The Chairman of the Constitution Committee shall be appointed by the President from among the members. Article 113 (1) The term of office of the members of the Constitu tion Committee shall be six years and they may be reappointed in accordance with the provisions of law. (2) The members of the Constitution Committee shall not join any political party, nor shall they partici pate in political activities. (3) No member of the Constitution Committee shall be expelled from office except by impeachment or criminal punishment. (4) The qualifications of the members of the Constitu tion Committee shall be determined by law. 41 Article 114 (1) When the Constitution Committee makes a deci sion on the unconstitutionality of a law, impeach ment or dissolution of a political party, the concur rence of six members or more shall be required. (2) The Organization, operation and other necessary matters of the Constitution Committee shall be de termined by law. 42 CHAPTER VII ELECTION MANAGEMENT Article 115 (1) Election Management Committees shall be estab lished for the purpose of fair management of elec tions and national referendums, and dealing with af fairs concerning political parties. (2) The Central Election Management Committee shall be composed of three members appointed by the President, three members selected by the National Assembly, and three members nominated by the Chief Justice of the Supreme Court. The Chairman of the Committee shall be elected from among the members. (3) The term of office of the members of the Commit tee shall be five years. (4) The members of the Committee shall not join politi cal parties, nor shall they participate in political ac tivities. (5) No member of the Committee shall be expelled from office except by impeachment or criminal pun ishment. (6) The Central Election Management Committee may, within the limit of laws and decrees, establish regulations pertaining to the management of elec tions, national referendums, and matters concern ing political parties. (7) The organization, function and other necessary matters of the Election Management Committees at each level shall be determined by law. Article 116 (1) Election Management Committees at each level may issue necessary instructions to administrative 43 agencies concerned with respect to matters pertain ing to elections such as the preparation of the rosters of voters. (2) Administrative agencies concerned, upon receipt of such instructions, shall comply. Article 117 (1) Election campaigns shall be conducted under the management of the Election Management Commit tees at each level within the limit set by law. Equal opportunity shall be guaranteed. (2) Expenditures for elections shall be borne by politi cal parties or candidates, except as otherwise pro vided by law. 44 CHAPTER VIII LOCAL AUTONOMY Article 118 (1) Local governments shall deal with matters pertain ing to the welfare of local residents, manage proper ties, and may establish, within the limit of laws and decrees, rules and regulations regarding local auto nomy. (2) The types of local governments shall be determined by law. Article 119 (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 government bodies; and other matters pertaining to the organization and Operation of local government bodies shall be determined by law. 45 CHAPTER IX THE ECONOMY Article 120 (1) The economic order of the Republic of Korea shall be based on the principle whereby freedom and creative ideas of the individual in economic affairs are respected. (2) The State shall regulate and coordinate economic affairs within the limit necessary for the realization of social justice and for the balanced development of the national economy to fulfill the basic living re quirements of all citizens. (3) Monopolistic and oligopolistic practices shall be properly regulated and coordinated. Article 121 (1) Licenses to exploit, develop or utilize mines and all other important underground resources, marine re sources, water power, and natural powers available for economic use may be granted for limited periods of time in accordance with the provisions of law. (2) The land and natural resources shall be protected by the State, and the State shall establish a plan neces sary for their balanced development and utilization. Article 122 Tenant farming shall be prohibited in accordance with the provisions of law. However, the leasing of farmland and the management of farmland on consignment to in crease agricultural productivity and to ensure the ra tional utilization of farmland, shall be recognized in ac cordance with the provisions of law. 46 Article 123 The State may impose restrictions or obligations neces sary for the efficient and balanced utilization, develop ment and preservation of farmland, mountains and Other land in accordance with the provisions of law. Article 124 (1) The State shall establish a plan for the development of farming and fishing villages on the basis of the self-help of farmers and fishermen, and shall strive for the balanced development of regional communi tleS. (2) The State shall protect and foster the business ac tivities of small and medium industries. (3) 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 political impartiality. Article 125 The State shall, in accordance with the provisions of law, guarantee the consumer protection movement in tended to encourage sound consumption activities and improvement in the quality of products. Article 126 The State shall foster foreign trade, and may regulate and coordinate it. Article 127 Private enterprises shall not be nationalized nor trans ferred to 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. 47 Article 128 (1) The State shall strive to develop the national econ omy and shall promote and enhance science and technology. (2) The State shall establish a national standard. (3) The President may establish an advisory body for the purpose referred to in Paragraph (1). 48 CHAPTER X AMENDMENTS TO THE CONSTITUTION Article 129 (1) A proposal to amend the Constitution shall be in troduced either by the President or by a majority of the total members of the National Assembly. (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 Constitu tion. Article 130 Proposed amendments to the Constitution shall be put before the public by the President for twenty days or InOre. Article 131 (1) The National Assembly shall decide upon the pro posed amendments within sixty days of the public announcement, and passage by the National Assem bly shall require the concurrence of two-thirds 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 As sembly. (3) When the proposed amendments to the Constitu tion receive the concurrence prescribed in Para graph (2), the amendments to the Constitution shall be finalized, and the President shall promulgate it without delay. 49 SUPPLEMENTARY PROVISIONS Article 1 This Constitution shall enter into force as of the date of its promulgation. Article 2 The first presidential and National Assembly elections under this Constitution shall be held not later than June 30, 1981. Article 3 The term of office of the President incumbent at the time this Constitution enters into force shall terminate upon the election of the first President under this Con stitution. Article 4 The National Conference for Unification, existing at the time this Constitution enters into force, shall be abolished upon the entry into force of this Constitution and the term of office of its members shall terminate upon its abolition. Article 5 (1) The term of office of the members of the National Assembly incumbent at the time this Constitution enters into force shall terminate upon the entry into force of this Constitution. (2) The term of office of the members of the first Na tional Assembly elected under this Constitution shall commence on the date of its first convening. Article 6 (1) The Legislative Assembly shall assume and exer cise the functions of the National Assembly from 50 the date this Constitution enters into force to the day prior to the first convening of the National As sembly under this Constitution, at which time the Legislative Assembly shall cease to exist. (2) The Legislative Assembly shall be composed of representatives from all walks of life, and its organ ization, operation and other necessary matters shall be prescribed by law. (3) Laws legislated by the Legislative Assembly and trials, budgets and other dispositions effected there under shall remain valid, and may not be litigated or disputed for reasons of this Constitution or other I CaSOInS. (4) In order to renovate the political climate and realize ethical politics, the Legislative Assembly may legis late laws regulating political activities of persons conspicuously responsible for political or social cor ruption or chaos prior to the entry into force of this Constitution. Article 7 In order to establish a new political order, political par ties existing at the time this Constitution enters into force shall be dissolved upon the entry into force of this Constitution. However, guarantees for the establish ment of new political parties shall be provided not later than three months prior to the date of the first presi dential election under this Constitution. Article 8 (1) Public officials whose election procedures or ap pointing authorities are changed by this Constitu tion, the Chief Justice and Justices of the Supreme Court, the Chairman and members of the Board of Audit and Inspection, and the members of the Con stitution Committee shall remain in office until such time as their successors are chosen under this Con stitution, and their terms of office shall terminate 51 the day before the installation of their successors. (2) Those provisions of this Constitution which pre scribe 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 9 Laws, decrees, ordinances and treaties in force at the time this Constitution enters into force shall remain valid unless they contradict this Constitution. Article 10 Local councils prescribed by this Constitution shall be established on a phased basis taking into account the degree of financial self-reliance attained by local gov ernments and the dates for their establishment shall be determined by law.

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
December 27, 1972 Constitution of the Fourth Republic / Yusin Constitution 제4공화국 헌법 (第四共和國憲法) / 유신헌법 (維新憲法)
October 27, 1980 Constitution of the Fifth Republic 제5공화국 헌법 (第五共和國憲法)
 

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