Constitution of the Republic of Korea (1972)

From Wikisource
Jump to navigation Jump to search
For works with similar titles, see Constitution of South Korea.


Preamble[edit]

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, and with the ideals of the April 19th Righteous Uprising and the May 16th Revolution, now being engaged in the establishment of a new democratic Republic which consolidates further the basic, free, democratic order on the foundation of the historic mission of the peaceful unification of the fatherland, having determined to afford equal opportunities to every person; To provide for the fullest development of the capacity of each individual in all fields of political, economic, social and cultural life; To help each person discharge his duties and responsibilities; To promote the welfare of the people domestically, and to strive to maintain permanent world peace internationally, and thereby to ensure the security, liberty and happiness of ourselves and our posterity eternally, 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., and amended on the Twenty Sixth Day of December in the year of Nineteen Hundred and Sixty Two A.D.

December 27, 1972

The Constitution[edit]

CHAPTER I. GENERAL PROVISIONS[edit]

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 the people shall exercise sovereignty either through their representatives or by means of national referendum.
Article 2
The citizenship of the Republic of Korea shall be determined by law.
Article 3
  1. 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 renounce all aggressive wars.
Article 5
  1. Treaties duly concluded and promulgated in accordance with this Constitution and the generally recognized rules of international law shall have the same effect as 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 status 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. Organization and activities of political parties shall be democratic, and embody necessary organizational arrangements to enable the people to participate in the formation of political will.
  3. Political parties shall enjoy the protection of the State in accordance with the provisions of law. However, if the purposes or activities of a political party are contrary to the basic democratic order, or endanger the existence of the State, the Government may bring an 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.

CHAPTER II. RIGHTS AND DUTIES OF CITIZENS[edit]

Article 8
All citizens shall be assured dignity and value of human beings, and it shall be the duty of the State to guarantee such fundamental rights of the people to the utmost.
Article 9
  1. All citizens shall be equal before law, and there shall be no discrimination in political, economic, social, or cultural life on account of sex, religion or social status.
  2. No privileged caste shall be recognized, nor ever be 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 10
  1. All citizens shall enjoy personal liberty. No person shall be arrested, detained, seized, searched, interrogated, punished, subjected to involuntary labor, or placed under probationary supervision except as provided by law.
  2. No citizen shall be tortured nor be compelled to testify against himself in criminal cases.
  3. Warrants issued by a judge upon request of a prosecutor shall be presented in case of arrest, detention, search or seizure. However, in case a criminal is apprehended flagrante delicto, or in case where there is danger that a criminal 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 prompt assistance of counsel. When a criminal defendant is unable to secure a counsel by his own efforts, the State shall assign the same for the defendant as provided by law.
Article 11
  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.
Article 12
No citizen shall be subject to restriction of freedom of residence or moving, except as provided by law.
Article 13
No citizen shall be subject to restriction of freedom of choice of occupation, except as provided by law.
Article 14
All citizens shall be free from trespass of their place of abode except as provided by law. In Case of Search and seizure in the residence, a warrant issued by a judge upon request of a prosecutor shall be presented.
Article 15
Privacy of correspondence of all citizens shall not be invaded except as provided by law.
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
No citizen shall be subject to restriction of freedom of speech and press, or freedom of assembly and association, except as provided by law.
Article 19
  1. All citizens shall enjoy freedom of learning and of art.
  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. Contents and limitations thereof shall be determined by law.
  2. The exercise of property rights shall conform to public welfare.
  3. Expropriation, use or restriction of private property for public necessity, and the standards and method of compensation thereof shall be determined by law.
Article 21
All citizens who have attained to the age of twenty and over shall have the right to vote, 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
  1. All citizens shall have the right to petition in writing to any State agency in accordance with the provisions of law.
Article 24
  1. All citizens shall have the right to be tried in Conformity with the law by judges as qualified under the Constitution and law.
  2. Citizens who are not on active military service or employees of the military forces shall not be court-martialled except in Case of espionage in military affairs or in case of crimes committed in regard to sentinel, sentry-posts, supply of harmful food, and prisoners of war as defined by law; and except when an extraordinary martial law has been declared, or except 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. The accused shall have the right to public trial without delay in the absence of justifiable reason.
Article 25
In case the accused under detention is acquitted, he shall be entitled to a claim against the State for compensation in accordance with the provisions of law.
Article 26
  1. In case a person has sustained damages by unlawful acts of public officials done in the course of their official duties, he may claim against the State or public agency 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 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 ground of unlawful acts of public officials done in the course of official duties, except for compensation as provided by law.
Article 27
  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.
  3. 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. The right to association, collective bargaining and collective action of workers shall be guaranteed within the scope defined by law.
  2. The right to association, collective bargaining, and collective action shall not be granted to workers who are public officials, except for those authorized by the provisions of law.
  3. The right to collective action of public officials and workers engaged in State, local autonomous governments, state-run enterprises, 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 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 earning a livelihood shall be protected by the State in accordance with the provisions of law.
Article 31
All citizens shall be protected by the State for purity of marriage and health.
Article 32
  1. Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution.
  2. Laws which restrict freedoms or rights of citizens shall be enacted only when necessary for the maintenance of national security, order or public welfare.
Article 33
  1. All citizens shall have the duty to pay taxes in accordance with the provisions of law.
Article 34
  1. All citizens shall have the duty of national defense in accordance with the provisions of law.

CHAPTER III. THE NATIONAL CONFERENCE FOR UNIFICATION[edit]

Article 35
The National Conference for Unification, being a national organization based on the collective will of the people as a whole to pursue peaceful unification of the fatherland, shall be the depository of national sovereignty, entrusted with the sacred mission of the unification of the fatherland.
Article 36
  1. The National Conference for Unification shall be composed of delegates elected through direct popular elections.
  2. The number of delegates to the National Conference for Unification shall be determined by law within the range of no less than two thousand and no more than five thousand persons.
  3. The President shall be the Chairman of the National Conference for Unification.
  4. Matters pertaining to the election of the delegates to the National Conference for Unification shall be provided by law.
Article 37
  1. Any person who is capable of faithfully carrying out the sovereign will of the people for the sake of peaceful unification of the fatherland, who is eligible to run for the National Assembly, and who has attained to the age of thirty years or over as of the election date, shall be eligible to be elected a delegate of the National Conference for Unification.
  2. Matters pertaining to eligibility of those who may be elected delegates of the National Conference for Unification shall be determined by law.
  3. No delegate of the National Conference for Unification may affiliate himself with a political party, or concurrently hold a membership in the National Assembly or other public offices as determined by law.
  4. The terms of office of the delegates of the National Conference for Unification shall be six years.
Article 38
  1. The President, in determining or changing important policies on unification, may refer them for deliberation to the National Conference for Unification when deemed necessary for attaining the consensus of the people.
  2. A policy on unification approved by the majority of the total delegates to the National Conference for Unification under the provisions of Paragraph (1) shall be regarded as the collective will of the people as a whole.
Article 39
  1. The National Conference for Unification shall elect the President through secret ballot, without debate.
  2. The election of the President shall require the concurrence of the majority of the total delegates to the National Conference for Unification.
  3. In case no person receives the required number of votes as prescribed in Paragraph (2), a second ballot shall be conducted to elect the President. In case no person receives the required number of votes as prescribed in Paragraph (2) on the second ballot, the final ballot shall be conducted between two persons receiving the largest and second largest number of votes if no two persons have received the same largest number of votes, and to all those 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 thereupon shall be elected the President.
Article 40
  1. The National Conference for Unification shall elect one-third of the total number of the members of the National Assembly.
  2. The President shall recommend in a group the candidates for the members in the National Assembly as prescribed in Paragraph (1). Concurrence or objection to the election of the candidates on the slate shall be put to a vote and their election shall be determined with the quorum of majority of the total number of delegates to the National Conference for Unification, and concurrence of majority of the delegates present.
  3. In case no concurrence is obtained as prescribed in Paragraph (2), the President shall again prepare another slate with all or part of the candidates changed and submit the same to the National Conference for Unification, requesting their election, until their election is determined.
  4. The President, in recommending candidates as prescribed in Paragraph (2), shall submit a reserve list of candidates with the order fixed within the range of one-fifth of the total number of members of the National Assembly to be elected by the National Conference for Unification. The reserve candidates, if they receive the approval prescribed in Paragraph (2), shall take over the vacated memberships in the National Assembly in the order of names entered in the list.
Article 41
  1. The National Conference for Unification shall make the final decision on any draft amendments to the Constitution proposed and passed by the National Assembly.
  2. The decision prescribed in Paragraph (1) shall require the concurrence of more than one half of the total number of delegates.
Article 42
Organization, operation and other matters pertaining to the National Conference for Unification shall be determined by law.

CHAPTER IV. THE PRESIDENT[edit]

Article 43
  1. The President shall be the head of the State, and represent the State vis-a-vis foreign states.
  2. The President shall have the responsibility and duty to safe guard 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 fatherland.
  4. The executive power shall be vested in the Executive Branch headed by the President.
Article 44
Citizens who are qualified to be elected to the National Assembly and who shall have resided continuously in the country for five years or more as of the date of the presidential election, and have attained to the age of forty years or over, shall be eligible to be elected President. In this case, the period during which a person is dispatched overseas on official duty shall be deemed as a period of domestic residence.
Article 45
  1. At the expiration of the term of office of the President, the National Conference for Unification shall elect a successor at least thirty days before the term of the incumbent President expires.
  2. In case of vacancy in the office of the President, the National Conference for Unification shall elect a successor within three months. However, if the remaining term of office of the President is less than one year, a successor shall not be elected.
  3. In case of vacancy in the office of the President, the term of a successor shall be the remaining term of his predecessor.
Article 46
The President, before he takes office, shall take the following oath: "I do solemnly swear before the people that, by ob serving the constitution, defending the State, endeavoring to promote freedom and welfare of the people and pursuing the peaceful unification of the fatherland, I will faithfully execute the office of the President."
Article 47
The term of office of the President shall be six years.
Article 48
In case of vacancy in the Office of the President or of his inability to discharge the powers and duties, the Prime Minister and the members of the State Council in the order of priority as determined by law shall act as the President.
Article 49
The President may submit important policies of State to a national referendum in case he deems it necessary.
Article 50
The President shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; declare war and conclude peace.
Article 51
  1. The President shall be Commander in Chief 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 provided by law.
Article 52
The President may issue presidential decrees Concerning matters which are within the scope specifically delegated by law and which are deemed necessary to enforce the law.
Article 53
  1. In time of natural calamity or a grave financial or economic crisis, and in case the national security or the public safety and order is seriously threatened or anticipated to be threatened, thereby making it necessary to take speedy measures, the President shall have power to take necessary emergency measures in the whole range of the State affairs, including internal affairs, foreign affairs, national defense, economic, financial and judicial affairs.
  2. In case of Paragraph (1), when the President deems it necessary, he shall have the power to take emergency measures which temporafily suspend the freedom and rights of the people prescribed in this Constitution, and to enforce emergency measures with regard to the powers of the Executive and the Judiciary.
  3. The President shall notify the National Assembly without delay of such an emergency measure taken according to Paragraphs (1) and (2).
  4. The emergency measures set forth in Paragraphs (1) and (2) shall not be subject to judicial review.
  5. When the cause for the emergency measures ceases to exist, the President shall terminate these measures without delay.
  6. The National Assembly may recommend to the President to lift the emergency measures with the concurrence of a majority of the total members of the National Assembly, and the President shall Comply with this recommendation unless there are any special circumstances and reasons.
Article 54
  1. The President may, in time of war, armed conflict, Or similar national emergency, when there is a military necessity, or a necessity to maintain the public safety and order by mobilization of the military forces, declare martial law in accordance with the provisions of law.
  2. The martial law shall be subdivided into an extraordinary martial law and a precautionary martial law.
  3. Under the extraordinary martial law, special measures may be taken, as provided by law, with regard to the warrant system, freedom of speech, press, assembly and association, or with regard to the powers of the Executive or the Judiciary.
  4. The President shall immediately notify the National Assembly of the declaration of martial law.
  5. The President shall lift the declared martial law when the National Assembly so requests, with the concurrence of more than one half of the members of the National Assembly.
Article 55
The President shall appoint public officials in accordance with the provisions of the Constitution and law.
Article 56
  1. The President may grant amnesty, Commutation and rehabilitation in accordance with the provisions of law.
  2. The President shall receive the Consent of the National Assembly in granting a general amnesty.
  3. Matters pertaining to amnesty, Commutation, and rehabilitation shall be determined by law.
Article 57
The President shall award decorations and other honors in accordance with the provisions of law.
Article 58
The President may attend and address the National Assembly or express his views by written message.
Article 59
  1. The President may dissolve the National Assembly.
  2. In Case 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.
Article 60
  1. The acts of the President performed in accordance with law shall be executed by written document, and all such documents shall be countersigned by the Prime Minister and the members of the State Council concerned. The same shall apply to military affairs.
Article 61
  1. The President shall not hold Concurrently the offices of Prime Minister, a member of the State Council, the head of any Executive Ministry, or other public or private posts, as prescribed by law.
Article 62
  1. The President shall not be charged with criminal offence during his tenure of office except for insurrection or treason.

CHAPTER V. THE EXECUTIVE[edit]

SECTION 1. The Prime Minister and the Members of the State Council[edit]

Article 63
  1. The Prime Minister shall be appointed by the President with the Consent of the National Assembly.
  2. The Prime Minister shall assist the President and shall supervise, under order of the President, the Executive Ministries in their administration.
  3. No member of the military shall be appointed Prime Minister unless he is retired from active service.
Article 64
  1. The members of the State Council shall be appointed by the President on the recommendation of the Prime Minister.
  2. The members of the State Council shall assist the President with regard to State affairs, and as constituents of the State Council, shall deliberate on State affairs.
  3. The Prime Minister may recommend to the President the removal of a member of the State Council from office.
  4. No member of the military shall be appointed a member of the State Council unless he is retired from active service.

SECTION 2. The State Council[edit]

Article 65
  1. The State Council shall deliberate on important policies that fall within the power of the Executive.
  2. The State Council shall be composed of the President, the Prime Minister, and members of the State Council, whose number shall be no more than twenty-five 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 66
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. Draft amendments to the Constitution, proposals for national referendum, proposed treaties, legislative bills, and proposed presidential decrees;
  4. Budgets, closing of accounts, basic plan on disposal of State properties, contracts creating financial obligation of the State, and other important financial matters;
  5. Emergency measures of the President, and declaration and termination of martial law;
  6. Important military affairs;
  7. Dissolution of the National Assembly;
  8. Requests for convening an extraordinary session of the National Assembly;
  9. Awarding of honors;
  10. Granting of amnesty, commutation and rehabilitation;
  11. Matters regarding the determination of jurisdiction between Executive Ministries;
  12. Basic plans Concerning delegation or allocation of powers within the Executive;
  13. Evaluation and analysis of the administration of State affairs;
  14. Formulation and coordination of important policies of each Executive Ministry;
  15. Action for the dissolution of a political party;
  16. Examination of petitions pertaining to executive policies Submitted or referred to the Executive;
  17. Appointment of the Prosecutor General, the presidents of the National Universities, Ambassadors, the Chief of Staff of each armed Service, Marine Corps Commandant and such other public officials and the managers of important State-operated enterprises as designated by law;
  18. Other matters presented by the President, the Prime Minister or a member of State Council.
Article 67
  1. The National Security Council shall be established to advise the President on the formulation of foreign, military and domestic policies related to the national security prior to deliberation of the State Council.
  2. The meetings of the National Security Council shall be presided over by the President.
  3. The organization, scope of function, and other matters pertaining to the National Security Council shall be determined by law.

SECTION 3. The Executive Ministries[edit]

Article 68
Heads of Executive Ministries shall be appointed by the President from members of the State Council on the recommendation of the Prime Minister.
Article 69
The Prime Minister or the head of each Executive Ministry may, under the delegation of powers by law or presidential decree, or ex officio, issue ordinances of the Prime Minister or the Executive Ministry concerning matters that are within their jurisdiction.
Article 70
The establishment, organization and the scope of functions of each Ministry shall be determined by law.

SECTION 4. The Executive Ministries[edit]

Article 71
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 determined by law, and to inspect the administrative functions of the executive agencies and public officials.
Article 72
  1. The Board of Audit and Inspection shall be Composed of no less than five and no more than eleven members, including the Chairman.
  2. The Chairman of the Board shall be appointed by the President with the Consent of the National Assembly. The term of the Chairman shall be four years.
  3. In case of vacancy in the office of the Chairman, the term of a successor shall be the remaining period of the predecessor.
  4. The members of the Board shall be appointed by the President On the recommendation of the Chairman for a period of four years.
Article 73
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 National Assembly in the following year.
Article 74
The organization of the Board, the scope of its 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.

CHAPTER VI. THE NATIONAL ASSEMBLY[edit]

Article 75
The legislative power shall be vested in the National Assembly.
Article 76
  1. The National Assembly shall be composed of members elected by universal, equal, direct and Secret ballot by the citizens and the members elected by the National Conference for Unification.
  2. The number of members of the National Assembly shall be determined by law.
  3. Matters pertaining to the election of members of the National Assembly shall be determined by law.
Article 77
  1. The term of Office of the members of the National Assembly shall be six years. However, the term of Office of the members of the National Assembly elected by the National Conference for Unification Shall be three years.
Article 78
No members of the National Assembly shall concurrently hold any other office, public or private, as prescribed by law.
Article 79
  1. During the sessions of the National Assembly, no member of the National Assembly shall be arrested or detained without the Consent of the National Assembly except in case of flagrante delicto.
  2. In case of apprehension or detention of a member 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 flagrante delicto.
Article 80
No members of the National Assembly shall be held responsible outside the National Assembly for opinions officially expressed or votes Cast in the Assembly.
Article 81
The members of the National Assembly shall not abuse their positions and privileges.
Article 82
  1. A regular session of the National Assembly shall be convened once every year in accordance with the provisions of law, and special sessions of the National Assembly shall be convened upon the request of the President or one-third or more of the total members.
  2. The period of regular session shall not exceed ninety days and the same of special sessions, thirty days.
  3. The National Assembly shall not convene for more than 150 days annually, including regular and special Sessions. However, the days of any special session convened upon the request of the President shall not be included in this count.
  4. If the President requests the convening of a special session, the period of the session and the reasons for the request shall be clearly specified.
  5. During a special session of the National Assembly convened upon the request of the President, only bills submitted by the Executive shall be treated, and the National Assembly shall hold its sessions only within the length of the period requested by the President.
Article 83
The National Assembly shall elect one Speaker and two Vice Speakers.
Article 84
Unless otherwise provided in the Constitution or in law, the attendance of a majority of the members, and Concurrence of a majority of the members present, shall be necessary for decisions of the National Assembly. In case of a tie vote, the matter shall be regarded as rejected by the National Assembly.
Article 85
  1. Sessions of the National Assembly shall be Open to the public. However, they may not be open 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. Contents of sessions which are not open to the public shall not be publicized.
Article 86
Bills and other subjects submitted to the National Assembly for deliberation shall not be abandoned on the ground that they are not acted upon during the session. However, it shall be otherwise in case the term of the members of the National Assembly not elected by the National Conference for Unification has expired, or in case the National Assembly is dissolved.
Article 87
Bills may be introduced by members of the National Assembly or by the Executive.
Article 88
  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 written explanation of his objection, and request its reconsideration. The President may do the same during 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 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 nor request the National Assembly to reconsider it as provided within the period referred to in Paragraph (1), it shall become law.
  6. The President shall without delay promulgate the law as determined in accordance with the foregoing Paragraphs (4) and (5). If the President does not promulgate a law within five days after it has become law under the foregoing 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.
Article 89
  1. The National Assembly shall deliberate and decide upon the national budget.
  2. The Executive shall formulate the budget bill for each fiscal year and submit it to the National Assembly within ninety days before the beginning of a fiscal year. The National Assembly shall decide upon it within thirty days before the beginning of the fiscal year.
  3. If the budget bill is not passed within the period referred to in the foregoing paragraph (2), the Executive may, within the limit of revenues and in conformity with the budget for the previous fiscal year, disburse the following expenditures until the budget is passed by the National Assembly:
  1. The emoluments of public officials and basic expenditures for administration.
  2. Maintenance costs for agencies and institutions established by the Constitution or law and the obligatory expenditures provided by law.
  3. Expenditures for continuing projects previously approved in the budget.
Article 90
  1. In Case it shall be necessary to make Continuing disbursements for a period longer than one fiscal year, the Executive shall determine the length of the period for such continuing disbursements. The continuing 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 during the next session of the National Assembly.
Article 91
When it is necessary to amend the budget due to circumstances arisen after the passage of the budget, the Executive may formulate a supplementary or revised budget bill and submit it to the National Assembly.
Article 92
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 submitted by the Executive.
Article 93
When the Executive plans to issue national bonds or to make contracts which may create other financial obligation of the State outside the budget, these matters shall be passed in advance by the National Assembly.
Article 94
Items and rates of all taxes shall be determined by law.
Article 95
  1. The National Assembly shall have the right to consent to the ratification of pacts pertaining to mutual assistance or mutual Security, Conventions concerning international organizations, treaties of commerce, fishery, or peace, treaties which will burden the State or people with a financial obligation, treaties concerning the status of alien forces in the territory, or treaties related to legislative matters.
  2. The National Assembly shall also have the right to consent to the declaration of war, the dispatch of armed forces to foreign states, or the stationing of alien forces in the territory of the Republic of Korea.
Article 96
  1. The Prime Minister, the members of State Council and Representatives of the Executive may attend meetings of the National Assembly or its committees and report on the state of administration, or deliver opinions and answer question.
  2. When requested by the National Assembly or its committees, the Prime Minister, the State Council members and Representatives of the Executive shall appear at any meeting of the National Assembly and answer questions. If the Prime Minister or State Council members are requested to appear the Prime Minister or State Council members may have State Council members or Representatives of the Executive appear in any meeting of the National Assembly and answer questions.
Article 97
  1. The National Assembly may individually pass a motion for the removal of the Prime Minister or a State Council member from Office.
  2. A motion for removal set forth in Paragraph (1) shall 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 passed the President shall remove the Prime Minister or the State Council member concerned from Office. However, when a motion for the removal of the Prime Minister is passed, the President shall remove en masse the Prime Minister and all members of the State Council from Office.
Article 98
  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 qualifications of its members and take disciplinary action against its members.
  3. The Concurrence of two-thirds or more of the total members of the National Assembly shall be required for expulsion of any member.
  4. No action shall be brought to court with regard to decisions under Paragraphs (2) and (3).
Article 99
  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 Inspection, and other public officials designated by law have violated the Constitution or other laws in the performance of official duties, the National Assembly shall have power to pass motions for their impeachment.
  2. A motion for impeachment, under the foregoing paragraph (1), shall be proposed by one-third or more of the total members of the National Assembly, and shall require the concurrence of a majority of the total members of the National Assembly to pass it. However, if a motion for impeachment against the President shall be proposed by a majority of the total members of the National Assembly, the concurrence of two-thirds or more of the total members of the National Assembly shall be required to pass it.
  3. Any person against whom impeachment has been instituted shall be suspended from exercising his power until the impeachment has been decided.
  4. The decision on impeachment shall not cause any other action than expulsion from public office. However, it shall not exempt the impeached person from civil or criminal liability.

CHAPTER VII. THE COURTS[edit]

Article 100
  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 specified levels.
  3. The qualifications for judges shall be determined by law.
Article 101
  1. Divisions may be established in the Supreme Court.
  2. The number of judges of the Supreme Court shall be sixteen or less.
  3. The organization of the Supreme Court and lower courts shall be determined by law.
Article 102
The judges shall judge independently according to their conscience and in conformity with the Constitution and law.
Article 103
  1. The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly.
  2. Justices of the Supreme Court shall be appointed by the President on the recommendation of the Chief Justice.
  3. The term of Office of the Chief Justice shall be six years.
  4. The term of office of judges other than the Chief Justice shall be ten years.
  5. Judges may be reappointed in accordance with the provisions of law.
  6. Judges shall retire from office when they reach an age as determined by law.
Article 104
  1. No judge shall be removed from Office, nor shall he be suspended from office have his salary reduced, or suffer from any other unfavorable treatment, except by impeachment, criminal punishment, or disciplinary action.
  2. In the event a judge is unable to discharge his official duties because of mental or physical deficiencies, he may be removed from office in accordance with the provisions of law.
Article 105
  1. When the constitutionality of a law is a prerequisite to a trial, the Court 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 administrative decrees, regulations or dispositions, when their constitutionality or legality is a prerequisite to a trial.
Article 106
The Supreme Court may establish, within the scope of law, procedures pertaining to judicial proceedings and internal rules and regulations on administrative matters of the courts.
Article 107
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 disturb the national Security or public safety and order, or be harmful to public morals.
Article 108
  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. Military trials under an extraordinary martial law may be limit ed to the original jurisdiction only in case of crimes of soldiers and employees of the military, in case of espionage on military affairs, and crimes as defined by law in regard to sentinels, Sentry-post, supply of harmful food, and prisoners of war.

CHAPTER VIII. THE CONSTITUTION COMMITTEE[edit]

Article 109
  1. The Constitution Committee shall judge the following matters:
  1. The constitutionality of a law upon the request of the Court.
  2. Impeachment.
  3. Dissolution of a political party.
  1. The Constitution Committee shall be composed of nine members appointed by the President.
  2. Among the members referred to in Paragraph (2), three shall be appointed from persons elected by the National Assembly, and three shall be appointed from persons nominated by the Chief Justice.
  3. The Chairman of the Constitution Committee shall be appointed by the President from among its members.
Article 110
  1. The term of the members of the Constitution Committee shall be six years.
  2. The members of the Constitution Committee shall not join any political party, nor shall they participate in political activities.
  3. No member of the Constitution Committee shall be expelled from office except by impeachment or criminal punishment.
  4. The qualifications for the members of the Constitution Committee shall be determined by law.
Article 111
  1. When the Constitution Committee makes a decision on the unconstitutionality of a law, impeachment, or dissolution of a political party, the Concurrence of six members or more shall be required.
  2. The organization, operation and other necessary matters of the Constitution Committee shall be determined by law.

CHAPTER IX. ELECTION MANAGEMENT[edit]

Article 112
  1. Election Management Committees shall be established for the purposes of fair management of elections and national referendums and dealing with affairs concerning political parties.
  2. The Central Election Management 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 elected by the National Assembly, and three from persons nominated by the Chief Justice.
  4. The Chairman of the Committee shall be appointed by the President from among its members.
  5. The term of the members of the Committee shall be five years.
  6. The members of the Committee shall not join political parties, nor shall they participate in political activities.
  7. No members of the Committee shall be expelled from office except by impeachment or criminal punishment.
  8. The Central Election Management Committee may, within the limit of laws and decrees, establish regulations pertaining to the management of elections, national referendums, and matters concerning political parties.
  9. The organization, the scope of function and other necessary matters of the Election Management Committees of each level shall be determined by law.
Article 113
  1. Election campaigns shall be conducted under the management of the Election Management Committees of each level within the limit set by law. Equal opportunity shall be guaranteed.
  2. The expenditures for elections shall not be borne by political parties or candidates, except as otherwise provided in the law.

CHAPTER X. LOCAL SELF-GOVERNMENT[edit]

Article 114
  1. Local self-government shall deal with matters pertaining to the welfare of local residents, manage properties, and may establish, within the limit of laws and decrees, rules and regulations regarding local autonomy.
  2. The types of local self-government shall be determined by law.
Article 115
  1. A local self-government shall have a local council.
  2. The organization, powers and election of the members of the local councils, election procedures for the heads of local self-government bodies, and other matters pertaining to the organization and operation of the bodies shall be determined by law.

CHAPTER XI. THE ECONOMY[edit]

Article 116
  1. The economic order of the Republic of Korea shall be based on the principle whereunder freedom and creative ideas of the individual in economic affairs are respected.
  2. The State shall regulate and coordinate economic affairs within the limits necessary for the realization of social justice and for the balanced development of the national economy to fulfill the basic living requirements of all citizens.
Article 117
  1. Licenses to exploit, develop or utilize mines and all other important underground resources, marine resources, 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 for their balanced development and utilization.
Article 118
Tenant farming shall be prohibited in accordance with the provisions of law.
Article 119
The State may impose restrictions or obligations necessary for the efficient utilization, development and preservation of farming land, forest and other land in accordance with the provisions of law.
Article 120
  1. The State shall establish a plan for the development of farming and fishing villages on the basis of self-help of the farmers and fishermen, and shall strive for the balanced development of regional Communities.
  2. Organizations founded on the spirit of self-help among farmers, fishermen, and businessmen engaged in small and medium industry shall be encouraged.
Article 121
The State shall encourage foreign trade, and may regulate and coordinate it.
Article 122
Private enterprises shall not be nationalized or transferred 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.
Article 123
  1. The development of the national economy and science and technology necessary for such development shall be promoted and enhanced.
  2. The President may establish an advisory body for the purpose of promoting and enhancing economic skills and scientific technology.

CHAPTER XII. AMENDMENTS TO THE CONSTITUTION[edit]

Article 124
  1. A motion to amend the Constitution shall be proposed either by the President or by a majority of the total members of the National Assembly.
  2. Amendments to the Constitution proposed by the President shall be determined by national referendum, and amendments to the Constitution proposed by members of the National Assembly shall be determined by the vote of the National Conference for Unification, after being passed by the National Assembly.
  3. When an amendment to the Constitution has been finally approved, the President shall promulgate the amendment immediately.
Article 125
  1. Proposed amendments to the Constitution introduced in the National Assembly shall be announced to the public for twenty days or more, and the National Assembly shall decide upon the proposed amendments within sixty days from public announcement.
  2. Proposed amendments to the Constitution by the National Assembly shall require the concurrence of two-thirds or more of the total members of the National Assembly.
  3. When the proposed amendment to the Constitution has received the affirmative action referred to in Paragraph (2), it shall be referred to the National Conference for Unification without delay; and the amendment to the Constitution shall be finally determined by its vote. The proposed amendment to the Constitution referred to the National Conference for Unification shall be voted on within twenty days from its receipt.
Article 126
  1. A proposed amendment to the Constitution by the President shall be announced to the public for a period of twenty days or more, and shall be submitted to a national referendum within sixty days from its public announcement.
  2. The amendment to the Constitution submitted to a national referendum shall be determined by more than one half of all votes cast by more than one half of voters eligible to vote for election of members of the National Assembly.

Addenda[edit]

Article 1
This Constitution shall come into force on the date of its promulgation. However, enactment of laws necessary for the enforcement of this Constitution, and the preparation for election of the President, delegates to the National Conference for Unification, and members of the National Assembly under this Constitution and other matters pertaining to the enforcement of this Constitution may be made prior to the promulgation of this Constitution.
Article 2
  1. The term of Office of the first President elected by the National Conference for Unification under this Constitution shall start from the promulgation date of this Constitution.
  2. The terms of office of the delegates to the National Conference for Unification elected for the first time under this Constitution shall start from the date of its initial convening and shall expire on June 30, 1978.
Article 3
The first election of members of the National Assembly under this Constitution shall be held within six months from the enforcement date of this Constitution.
Article 4
The authority of the National Assembly exercised by the Extraordinary State Council from October 17, 1972 to the date of the first Convening of the National Assembly under this Constitution shall be regarded as having been exercised in accordance with this Constitution at the time of promulgating this Constitution, and by the National Assembly formed under this Constitution.
Article 5
The public officials and directorial officers of enterprises appointed by the government at the time of enforcement of this Constitution shall be regarded as having been appointed under this Constitution; provided, however, that public officials whose appointment methods and whose appointing authorities are changed under this Constitution shall perform their duties until their successors are appointed. In this case, the terms of office of predecessors shall last until the day before the appointment date of their successors.
Article 6
  1. Laws, decrees and treaties in force at the time of promulgation of this Constitution shall retain their validity unless they contradict the provisions of this Constitution.
  2. Presidential decrees, state council decrees, and cabinet decrees in force at the time of the promulgation of this constitution shall be regarded as presidential decrees under this Constitution.
Article 7
Laws and decrees passed by the Extraordinary State Council, trials, budgetary measures and other actions taken thereunder, shall retain their validity, and neither court actions nor any type of objection may be raised against them by reason of this Constitution or otherwise.
Article 8
Agencies performing duties belonging to the authorities of agencies to be newly established under this Constitution at the time of the promulgation of this Constitution shall continue to fulfill these duties until new agencies are set up under this Constitution.
Article 9
Neither court actions nor objections may be raised against the Special Declaration issued by the President and the extraordinary measures taken thereunder from October 17, 1972 to the promulgation date of this Constitution.
Article 10
Local councils under this Constitution shall not be formed until the unification of the fatherland shall have been achieved.
Article 11
  1. The Extraordinary Law Concerning the Punishment of Specific Crimes, the Law Concerning the Punishment of Persons Involved in Illicit Elections, the Political Activities Purification Law and the Illicit Fortunes Disposition Law and laws related thereto shall retain their validity, and no objection may be raised against them.
  2. The Political Activities Purification Law and the Illicit Fortunes Disposition Law and laws related thereto may neither be amended nor abrogated.

Amendment history[edit]

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)

This work is in the public domain because, according to Article 7 of the Copyright Act of South Korea, this work is not protected by copyright law. This following works are included:

  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

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).


Nuvola apps important.svg
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.