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Constitution of the republic of korea

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CONSTITUTION OF THE REPUBLIC OF KOREA

Jul. 17, 1948

Amended by Jul. 7, 1952

Nov. 29, 1954

Jun. 15, 1960

Nov. 29, 1960

Dec. 26, 1962

Oct. 21, 1969

Dec. 27, 1972

Oct. 27, 1980

Oct. 29, 1987

PREAMBLE

We, the people of Korea, proud of a resplendent history and traditions dating from time immemorial, upholding the cause of the Provisional Republic of Korea Government born of the March First Independence Movement of 1919 and the democratic ideals of the April Nineteenth Uprising of 1960 against injustice, having assumed the mission of democratic reform and peaceful unification of our homeland and having determined to consolidate national unity with justice, humanitarianism and brotherly love, and
To destroy all social vices and injustice, and
To afford equal opportunities to every person and provide for the fullest development of individual capabilities in all fields, including political,
economic, social and cultural life by further strengthening the basic free
and democratic order conducive to private initiative and public harmony, and
To help each person discharge those duties and responsibilities concomitant
to freedoms and rights, and
To elevate the quality of life for all citizens and contribute to lasting world peace and the common prosperity of mankind and thereby to ensure security, liberty and happiness for ourselves and our posterity forever, Do hereby

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CONSTITUTION OF THE REPUBLIC OF KOREA

amend, through national referendum following a resolution by the National
Assembly, the Constitution, ordained and established on the Twelfth Day of July anno Domini Nineteen hundred and forty-eight, and amended eight
times subsequently.

Oct. 29, 1987

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1

(1) The Republic of Korea shall be a democratic republic.
(2) The sovereignty of the Republic of Korea shall reside in the people, and all state authority shall emanate from the people.

Article 2

(1) Nationality in the Republic of Korea shall be prescribed by Act. (2) It shall be the duty of the State to protect citizens residing abroad
as prescribed by Act.

Article 3

The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands.

Article 4

The Republic of Korea shall seek unification and shall formulate and carry out a policy of peaceful unification based on the principles of freedom
and democracy.

Article 5

(1) The Republic of Korea shall endeavor to maintain international peace and shall renounce all aggressive wars.
(2) The Armed Forces shall be charged with the sacred mission of national security and the defense of the land and their political neutrality shall
be maintained.

Article 6

(1) Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea.
(2) The status of aliens shall be guaranteed as prescribed by international
law and treaties.

Article 7

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(1) All public officials shall be servants of the entire people and shall
be responsible to the people.
(2) The status and political impartiality of public officials shall be
guaranteed as prescribed by Act.

Article 8

(1) The establishment of political parties shall be free, and the plural party system shall be guaranteed.
(2) Political parties shall be democratic in their objectives, organization and activities, and shall have the necessary organizational arrangements
for the people to participate in the formation of the political will.
(3) Political parties shall enjoy the protection of the State and may be provided with operational funds by the State under the conditions as
prescribed by Act.
(4) If the purposes or activities of a political party are contrary to the fundamental democratic order, the Government may bring an action against
it in the Constitutional Court for its dissolution, and the political party
shall be dissolved in accordance with the decision of the Constitutional
Court.

Article 9

The State shall strive to sustain and develop the cultural heritage and to enhance national culture.

CHAPTER Ⅱ RIGHTS AND DUTIES OF CITIZENS

Article 10

All citizens shall be assured of human 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 11

(1) All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account
of sex, religion or social status.
(2) No privileged caste shall be recognized or ever established in any form.
(3) The awarding of decorations or distinctions of honor in any form shall

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be effective only for recipients, and no privileges shall ensue therefrom.

Article 12

(1) All citizens shall enjoy personal liberty. No person shall be arrested,
detained, searched, seized or interrogated except as provided by Act. No
person shall be punished, placed under preventive restrictions or subject
to involuntary labor except as provided by Act and through lawful procedures.
(2) No citizen shall be tortured or be compelled to testify against himself
in criminal cases.
(3) Warrants issued by a judge through due procedures upon the request
of a prosecutor shall be presented in case of arrest, detention, seizure or search: Provided, That in a case where a criminal suspect is an apprehended flagrante delicto, 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) Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by Act.
(5) No person shall be arrested or detained without being informed of the reason therefor and of his right to assistance of counsel. The family,
etc., as designated by Act, of a person arrested or detained shall be notified without delay of the reason for and the time and place of the arrest or detention.
(6) Any person who is arrested or detained, shall have the right to request the court to review the legality of the arrest or detention.
(7) In a case where a confession is deemed to have been made against
a defendant s will due to torture, violence, intimidation, unduly prolonged
arrest, deceit or etc., or in a case where a confession is the only evidence
against a defendant in a formal trial, such a confession shall not be admitted
as evidence of guilt, nor shall a defendant be punished by reason of such
a confession.

Article 13

(1) No citizen shall be prosecuted for an act which does not constitute
a crime under the Act in force at the time it was committed, nor shall
he be placed in double jeopardy.
(2) No restriction shall be imposed upon the political rights of any citizen,

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nor shall any person be deprived of property rights by means of retroactive
legislation.
(3) No citizen shall suffer unfavorable treatment on account of an act
not of his own doing but committed by a relative.

Article 14

All citizens shall enjoy freedom of residence and the right to move at
will.

Article 15

All citizens shall enjoy freedom of occupation.

Article 16

All citizens shall be free from intrusion into their place of residence. In
case of search or seizure in a residence, a warrant issued by a judge upon
request of a prosecutor shall be presented.

Article 17

The privacy of no citizen shall be infringed.

Article 18

The privacy of correspondence of no citizen shall be infringed.

Article 19

All citizens shall enjoy freedom of conscience.

Article 20

(1) All citizens shall enjoy freedom of religion.
(2) No state religion shall be recognized, and religion and state shall
be separated.

Article 21

(1) All citizens shall enjoy freedom of speech and the press, and freedom
of assembly and association.
(2) Licensing or censorship of speech and the press, and licensing of
assembly and association shall not be recognized.
(3) The standards of news service and broadcast facilities and matters
necessary to ensure the functions of newspapers shall be determined by
Act.
(4) Neither speech nor the press shall violate the honor or rights of other
persons nor undermine public morals or social ethics. Should speech or
the press violate the honor or rights of other persons, claims may be made
for the damage resulting therefrom.

Article 22

(1) All citizens shall enjoy freedom of learning and the arts.
(2) The rights of authors, inventors, scientists, engineers and artists shall
be protected by Act.

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Article 23

(1) The right of property of all citizens shall be guaranteed. The contents
and limitations thereof shall be determined by Act.
(2) The exercise of property rights shall conform to the public welfare.
(3) Expropriation, use or restriction of private property from public neces- sity and compensation therefor shall be governed by Act: Provided,That
in such a case, just compensation shall be paid.

Article 24

All citizens shall have the right to vote under the conditions as prescribed
by Act.

Article 25

All citizens shall have the right to hold public office under the conditions
as prescribed by Act.

Article 26

(1) All citizens shall have the right to petition in writing to any govern-
mental agency under the conditions as prescribed by Act.
(2) The State shall be obligated to examine all such petitions.

Article 27

(1) All citizens shall have the right to be tried in conformity with the
Act by judges qualified under the Constitution and the Act.
(2) Citizens who are not on active military service or employees of the
military forces shall not be tried by a court martial within the territory
of the Republic of Korea, except in case of crimes as prescribed by Act
involving important classified military information, sentinels, sentry posts,
the supply of harmful food and beverages, prisoners of war and military
articles and facilities and in the case of the proclamation of extraordinary
martial law.
(3) All citizens shall have the right to a speedy trial. The accused shall
have the right to a public trial without delay in the absence of justifiable
reasons to the contrary.
(4) The accused shall be presumed innocent until a judgment of guilt
has been pronounced.
(5) A victim of a crime shall be entitled to make a statement during the
proceedings of the trial of the case involved as under the conditions pre-
scribed by Act.

Article 28

In a case where a criminal suspect or an accused person who has been

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placed under detention is not indicted as provided by Act or is acquitted
by a court, he shall be entitled to claim just compensation from the State
under the conditions as prescribed by Act.

Article 29

(1) In case a person has sustained damages by an unlawful act committed
by a public official in the course of official duties, he may claim just
compensation from the State or public organization under the conditions
as prescribed by Act. In this case, the public official concerned shall not
be immune from liabilities.
(2) In case a person on active military service or an employee of the military
forces, a police official or others as prescribed by Act sustains damages
in connection with the performance of official duties such as combat action,
drill and so forth, he shall not be entitled to a claim against the State
or public organization on the grounds of unlawful acts committed by public
officials in the course of official duties, but shall be entitled only to
compensations as prescribed by Act.

Article 30

Citizens who have suffered bodily injury or death due to criminal acts
of others may receive aid from the State under the conditions as prescribed
by Act.

Article 31

(1) All citizens shall have an equal right to receive an education
corresponding to their abilities.
(2) All citizens who have children to support shall be responsible at least
for their elementary education and other education as provided by Act.
(3) Compulsory education shall be free of charge.
(4) Independence, professionalism and political impartiality of education
and the autonomy of institutions of higher learning shall be guaranteed
under the conditions as prescribed by Act.
(5) The State shall promote lifelong education.
(6) Fundamental matters pertaining to the educational system, including
in-school and lifelong education, administration, finance, and the status
of teachers shall be determined by Act.

Article 32

(1) All citizens shall have the right to work. The State shall endeavor
to promote the employment of workers and to guarantee optimum wages
through social and economic means and shall enforce a minimum wage

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system under the conditions as prescribed by Act.
(2) All citizens shall have the duty to work. The State shall prescribe
by Act the extent and conditions of the duty to work in conformity with democratic principles.
(3) Standards of working conditions shall be determined by Act in such
a way as to guarantee human dignity.
(4) Special protection shall be accorded to working women, and they shall not be subjected to unjust discrimination in terms of employment, wages
and working conditions.
(5) Special protection shall be accorded to working children.
(6) The opportunity to work shall be accorded preferentially, under the conditions as prescribed by Act, to those who have given distinguished service to the State, wounded veterans and policemen, and members of
the bereaved families of military servicemen and policemen killed in action.

Article 33

(1) To enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action.
(2) Only those public officials who are designated by Act, shall have the right to association, collective bargaining and collective action.
(3) The right to collective action of workers employed by important defense
industries may be either restricted or denied under the conditions as prescribed by Act.

Article 34

(1) All citizens shall be entitled to a life worthy of human beings.
(2) The State shall have the duty to endeavor to promote social security and welfare.
(3) The State shall endeavor to promote the welfare and rights of women. (4) The State shall have the duty to implement policies for enhancing
the welfare of senior citizens and the young.
(5) Citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the
State under the conditions as prescribed by Act.
(6) The State shall endeavor to prevent disasters and to protect citizens from harm therefrom.

Article 35

(1) All citizens shall have the right to a healthy and pleasant environment.

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The State and all citizens shall endeavor to protect the environment.
(2) The substance of the environmental right shall be determined by Act. (3) The State shall endeavor to ensure comfortable housing for all citizens
through housing development policies and the like.

Article 36

(1) Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the State shall do everything in its power to achieve that goal.
(2) The State shall endeavor to protect mothers.
(3) The health of all citizens shall be protected by the State.

Article 37

(1) Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution.
(2) The freedoms and rights of citizens may be restricted by Act only when necessary for national security, the maintenance of law and order
or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated.

Article 38

All citizens shall have the duty to pay taxes under the conditions as prescribed by Act.

Article 39

(1) All citizens shall have the duty of national defense under the conditions as prescribed by Act.
(2) No citizen shall be treated unfavorably on account of the fulfillment
of his obligation of military service.

CHAPTER Ⅲ THE NATIONAL ASSEMBLY

Article 40

The legislative power shall be vested in the National Assembly.

Article 41

(1) The National Assembly shall be composed of members elected by universal, equal, direct and secret ballot by the citizens.
(2) The number of members of the National Assembly shall be determined by Act, but the number shall not be less than 200.
(3) The constituencies of members of the National Assembly, proportional

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representation and other matters pertaining to National Assembly elections
shall be determined by Act.

Article 42

The term of office of members of the National Assembly shall be four
years.

Article 43

Members of the National Assembly shall not concurrently hold any other
office prescribed by Act.

Article 44

(1) During the sessions of the National Assembly, no member of the National
Assembly shall be arrested or detained without the consent of the National
Assembly except in case of flagrante delicto.
(2) In case of apprehension or detention of a member of the National
Assembly prior to the opening of a session, such member shall be released
during the session upon the request of the National Assembly, except in case of flagrante delicto.

Article 45

No member of the National Assembly shall be held responsible outside
the National Assembly for opinions officially expressed or votes cast in
the Assembly.

Article 46

(1) Members of the National Assembly shall have the duty to maintain
high standards of integrity.
(2) Members of the National Assembly shall give preference to national
interests and shall perform their duties in accordance with conscience.
(3) Members of the National Assembly shall not acquire, through abuse
of their positions, rights and interests in property or positions, or assist
other persons to acquire the same, by means of contracts with or disposi-
tions by the State, public organizations or industries.

Article 47

(1) A regular session of the National Assembly shall be convened once
every year under the conditions as prescribed by Act, and extraordinary
sessions of the National Assembly shall be convened upon the request
of the President or one fourth or more of the total members.
(2) The period of regular sessions shall not exceed a hundred days, and
that of extraordinary sessions, thirty days.
(3) If the President requests the convening of an extraordinary session,

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the period of the session and the reasons for the request shall be clearly
specified.

Article 48

The National Assembly shall elect one Speaker and two Vice-Speakers.

Article 49

Except as otherwise provided for in the Constitution or in Act, the atten- dance of a majority of the total members, and the concurrent vote of a
majority of the members present, shall be necessary for decisions of the
National Assembly. In case of a tie vote, the matter shall be regarded as rejected.

Article 50

(1) Sessions of the National Assembly shall be open to the public: Provided,
That when it is decided so by a majority of the members present, or when
the Speaker deems it necessary to do so for the sake of national security, they may be closed to the public.
(2) The public disclosure of the proceedings of sessions which were not
open to the public shall be determined by Act.

Article 51

Bills and other matters submitted to the National Assembly for delibera- tion shall not be abandoned on the ground that they were not acted upon
during the session in which they were introduced, except in a case where
the term of the members of the National Assembly has expired.

Article 52

Bills may be introduced by members of the National Assembly or by the
Executive.

Article 53

(1) Each bill passed by the National Assembly shall be sent to the Execu- tive, and the President shall promulgate it within fifteen days.
(2) In case of objection to the bill, the President may, within the period
referred to in paragraph (1), return it to the National Assembly with written explanation of his objection, and request it be reconsidered. The President may do the same during adjournment of the National Assembly.
(3) The President shall not request the National Assembly to reconsider the bill in part, or with proposed amendments.
(4) In case there is a request for reconsideration of a bill, the National
Assembly shall reconsider it, and if the National Assembly repasses the

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bill in the original form with the attendance of more than one half of
the total members, and with a concurrent vote of two thirds or more of the members present, it shall become Act.
(5) If the President does not promulgate the bill, or does not request
the National Assembly to reconsider it within the period referred to in paragraph (1), it shall become Act.
(6) The President shall promulgate without delay the Act as finalized under paragraphs (4) and (5). If the President does not promulgate an
Act within five days after it has become Act under paragraph (5), or after
it has been returned to the Executive under paragraph (4), the Speaker shall promulgate it.
(7) Except as provided otherwise, an Act shall take effect twenty days
after the date of promulgation.

Article 54

(1) The National Assembly shall deliberate and decide upon the national budget bill.
(2) The Executive shall formulate the budget bill for each fiscal year and submit it to the National Assembly within ninety days before the beginning
of a fiscal year. The National Assembly shall decide upon it within thirty days before the beginning of the fiscal year.
(3) If the budget bill is not passed by the beginning of the fiscal year,
the Executive may, in conformity with the budget of the previous fiscal year, disburse funds for the following purposes until the budget bill is
passed by the National Assembly:
1. The maintenance and operation of agencies and facilities established by the Constitution or Act;
2. Execution of the obligatory expenditures as prescribed by Act; and
3. Continuation of projects previously approved in the budget.

Article 55

(1) In a case where it is necessary to make continuing disbursements for a period longer than one fiscal year, the Executive shall obtain the approval of the National Assembly for a specified period of time.
(2) A reserve fund shall be approved by the National Assembly in total.
The disbursement of the reserve fund shall be approved during the next session of the National Assembly.

Article 56

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When it is necessary to amend the budget, the Executive may formulate
a supplementary revised budget bill and submit it to the National Assembly.

Article 57

The National Assembly shall, without the consent of the Executive, neither increase the sum of any item of expenditure nor create any new items
of expenditure in the budget submitted by the Executive.

Article 58

When the Executive plans to issue national bonds or to conclude contracts which may incur financial obligations on the State outside the budget,
it shall have the prior concurrence of the National Assembly.

Article 59

Types and rates of taxes shall be determined by Act.

Article 60

(1) The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations;
treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related
to legislative matters.
(2) The National Assembly shall also have the right to consent to the declaration of war, the dispatch of armed forces to foreign states, or the
stationing of alien forces in the territory of the Republic of Korea.

Article 61

(1) The National Assembly may inspect affairs of state or investigate specific matters of state affairs, and may demand the production of documents directly related thereto, the appearance of a witness in person and the
furnishing of testimony or statements of opinion.
(2) The procedures and other necessary matters concerning the inspection and investigation of state administration shall be determined by Act.

Article 62

(1) The Prime Minister, members of the State Council or government delegates may attend meetings of the National Assembly or its committees
and report on the state administration or deliver opinions and answer
questions.
(2) When requested by the National Assembly or its committees, the Prime

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Minister, members of the State Council or government delegates shall
attend any meeting of the National Assembly and answer questions. If
the Prime Minister or State Council members are requested to attend,
the Prime Minister or State Council members may have State Council members
or government delegates attend any meeting of the National Assembly
and answer questions.

Article 63

(1) The National Assembly may pass a recommendation for the removal
of the Prime Minister or a State Council member from office.
(2) A recommendation for removal as referred to in paragraph (1) may
be introduced by one third or more of the total members of the National
Assembly, and shall be passed with the concurrent vote of a majority
of the total members of the National Assembly.

Article 64

(1) The National Assembly may establish the rules of its proceedings and internal regulations: Provided, That they are not in conflict with
Act.
(2) The National Assembly may review the qualifications of its members
and may take disciplinary actions against its members.
(3) The concurrent vote of two thirds or more of the total members of
the National Assembly shall be required for the expulsion of any member.
(4) No action shall be brought to court with regard to decisions taken
under paragraphs (2) and (3).

Article 65

(1) In case the President, the Prime Minister, members of the State Council,
heads of Executive Ministries, Justices of the Constitutional Court,
judges, members of the National Election Commission, the Chairman
and members of the Board of Audit and Inspection, and other public
officials designated by Act have violated the Constitution or other Acts
in the performance of official duties, the National Assembly may pass
motions for their impeachment.
(2) A motion for impeachment prescribed in paragraph (1) may be proposed
by one third or more of the total members of the National Assembly, and
shall require a concurrent vote of a majority of the total members of the
National Assembly for passage: Provided, That a motion for the im-
peachment of the President shall be proposed by a majority of the total
members of the National Assembly and approved by two thirds or more
of the total members of the National Assembly.

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(3) Any person against whom a motion for impeachment has been passed
shall be suspended from exercising his power until the impeachment has been adjudicated.
(4) A decision on impeachment shall not extend further than removal
from public office: Provided,That it shall not exempt the person impeached
from civil or criminal liability.

CHAPTER Ⅳ THE EXECUTIVE

SECTION 1 The President

Article 66

(1) The President shall be the Head of State and represent the State vis-a-vis foreign states.
(2) The President shall have the responsibility and duty to safeguard
the independence, territorial integrity and continuity of the State and the Constitution.
(3) The President shall have the duty to pursue sincerely the peaceful
unification of the homeland.
(4) Executive power shall be vested in the Executive Branch headed by the President.

Article 67

(1) The President shall be elected by universal, equal, direct and secret ballot by the people.
(2) In case two or more persons receive the same largest number of votes in the election as referred to in paragraph (1), the person who receives the largest number of votes in an open session of the National Assembly
attended by a majority of the total members of the National Assembly shall be elected.
(3) If and when there is only one presidential candidate, he shall not be
elected President unless he receives at least one third of the total eligible votes.
(4) Citizens who are eligible for election to the National Assembly, and
who have reached the age of forty years or more on the date of the presi- dential election, shall be eligible to be elected to the presidency.

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(5) Matters pertaining to presidential elections shall be determined by
Act.

Article 68

(1) The successor to the incumbent President shall be elected seventy to forty days before his term expires.
(2) In case a vacancy occurs in the office of the President or the Pres- ident-elect dies, or is disqualified by a court ruling or for any other reason, a successor shall be elected within sixty days.

Article 69

The President, at the time of his inauguration, shall take the following oath: I do solemnly swear before the people that I will faithfully execute
the duties of the President by observing the Constitution, defending the State, pursuing the peaceful unification of the homeland, promoting the freedom and welfare of the people and endeavoring to develop national
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Article 70

The term of office of the President shall be five years, and the President shall not be reelected.

Article 71

If the office of the presidency is vacant or the President is unable to perform his duties for any reason, the Prime Minister or the members
of the State Council in the order of priority as determined by Act shall
act for him.

Article 72

The President may submit important policies relating to diplomacy, na- tional defense, unification and other matters relating to the national des-
tiny to a national referendum if he deems it necessary.

Article 73

The President shall conclude and ratify treaties; accredit, receive or dis- patch diplomatic envoys; and declare war and conclude peace.

Article 74

(1) The President shall be Commander-in-Chief of the Armed Forces under the conditions as prescribed by the Constitution and Act.
(2) The organization and formation of the Armed Forces shall be deter-
mined by Act.

Article 75

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The President may issue presidential decrees concerning matters dele-
gated to him by Act with the scope specifically defined and also matters necessary to enforce Acts.

Article 76

(1) In time of internal turmoil, external menace, natural calamity or a grave financial or economic crisis, the President may take in respect to them the minimum necessary financial and economic actions or issue orders having the effect of Act, only when it is required to take urgent measures for the maintenance of national security or public peace and order, and there is no time to await the convocation of the National Assembly. (2) In case of major hostilities affecting national security, the President may issue orders having the effect of Act, only when it is required to preserve the integrity of the nation, and it is impossible to convene the National Assembly.
(3) In case actions are taken or orders are issued under paragraphs (1) and (2), the President shall promptly notify it to the National Assembly and obtain its approval.
(4) In case no approval is obtained, the actions or orders shall lose effect forthwith. In such case, the Acts which were amended or abolished by the orders in question shall automatically regain their original effect at the moment the orders fail to obtain approval.
(5) The President shall, without delay, put on public notice developments under paragraphs (3) and (4).

Article 77

(1) When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by Act.
(2) Martial law shall be of two types: extraordinary martial law and precautionary martial law.
(3) Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary under the conditions as prescribed by Act.
(4) When the President has proclaimed martial law, he shall notify it

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to the National Assembly without delay.
(5) When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National
Assembly, the President shall comply.

Article 78

The President shall appoint and dismiss public officials under the condi- tions as prescribed by the Constitution and Act.

Article 79

(1) The President may grant amnesty, commutation and restoration of rights under the conditions as prescribed by Act.
(2) The President shall receive the consent of the National Assembly in
granting a general amnesty.
(3) Matters pertaining to amnesty, commutation and restoration of rights shall be determined by Act.

Article 80

The President shall award decorations and other honors under the condi- tions as prescribed by Act.

Article 81

The President may attend and address the National Assembly or express his views by written message.

Article 82

The acts of the President under law shall be executed in writing, and such documents shall be countersigned by the Prime Minister and the
members of the State Council concerned. The same shall apply to military affairs.

Article 83

The President shall not concurrently hold the office of Prime Minister, a member of the State Council, the head of any Executive Ministry, nor
other public or private posts as prescribed by Act.

Article 84

The President shall not be charged with a criminal offense during his tenure of office except for insurrection or treason.

Article 85

Matters pertaining to the status and courteous treatment of former
Presidents shall be determined by Act.

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SECTION 2 The Executive Branch

Sub-Section 1 The Prime Minister and Members of the State Council

Article 86

(1) The Prime Minister shall be appointed by the President with the consent of the National Assembly.
(2) The Prime Minister shall assist the President and shall direct the
Executive Ministries under order of the President.
(3) No member of the military shall be appointed Prime Minister unless he is retired from active duty.

Article 87

(1) The members of the State Council shall be appointed by the President on the recommendation of the Prime Minister.
(2) The members of the State Council shall assist the President in the
conduct of State affairs and, as constituents of the State Council, shall deliberate on State affairs.
(3) The Prime Minister may recommend to the President the removal
of a member of the State Council from office.
(4) No member of the military shall be appointed a member of the State
Council unless he is retired from active duty.

Sub-Section 2 The State Council

Article 88

(1) The State Council shall deliberate on important policies that fall within the power of the Executive.
(2) The State Council shall be composed of the President, the Prime Min- ister, and other members whose number shall be no more than thirty
and no less than fifteen.
(3) The President shall be the chairman of the State Council, and the
Prime Minister shall be the Vice-Chairman.

Article 89

The following matters shall be referred to the State Council for delibera- tion:

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1. Basic plans for 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 refer- endums, proposed treaties, legislative bills, and proposed presidential
decrees;
4. Budgets, settlement of accounts, basic plans for disposal of state properties, contracts incurring financial obligation on the State, and
other important financial matters;
5. Emergency orders and emergency financial and economic actions or orders by the President, and declaration and termination of martial
law;
6. Important military affairs;
7. Requests for convening an extraordinary session of the National As- sembly;
8. Awarding of honors;
9. Granting of amnesty, commutation and restoration of rights;
10. Demarcation of jurisdiction between Executive Ministries;
11. Basic plans concerning delegation or allocation of powers within the
Executive;
12. Evaluation and analysis of the administration of State affairs;
13. Formulation and coordination of important policies of each Executive
Ministry;
14. Action for the dissolution of a political party;
15. Examination of petitions pertaining to executive policies submitted or referred to the Executive;
16. Appointment of the Prosecutor General, the Chairman of the Joint
Chiefs of Staff, the Chief of Staff of each armed service, the presidents of national universities, ambassadors, and such other public officials
and managers of important State-run enterprises as designated by
Act; and
17. Other matters presented by the President, the Prime Minister or a member of the State Council.

Article 90

(1) An Advisory Council of Elder Statesmen, composed of elder statesmen, may be established to advise the President on important affairs of State.

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(2) The immediate former President shall become the Chairman of the
Advisory Council of Elder Statesmen: Provided,That if there is no imme-
diate former President, the President shall appoint the Chairman.
(3) The organization, function and other necessary matters pertaining to the Advisory Council of Elder Statesmen shall be determined by Act.

Article 91

(1) A National Security Council shall be established to advise the President on the formulation of foreign, military and domestic policies related to
national security prior to their deliberation by the State Council.
(2) The meetings of the National Security Council shall be presided over by the President.
(3) The organization, function and other necessary matters pertaining
to the National Security Council shall be determined by Act.

Article 92

(1) An Advisory Council on Democratic and Peaceful Unification may be established to advise the President on the formulation of peaceful unifica- tion policy.
(2) The organization, function and other necessary matters pertaining
to the Advisory Council on Democratic and Peaceful Unification shall be determined by Act.

Article 93

(1) A National Economic Advisory Council may be established to advise the President on the formulation of important policies for developing the
national economy.
(2) The organization, function and other necessary matters pertaining to the National Economic Advisory Council shall be determined by Act.

Sub-Section 3 The Executive Ministries

Article 94

Heads of Executive Ministries shall be appointed by the President from among members of the State Council on the recommendation of the Prime
Minister.

Article 95

The Prime Minister or the head of each Executive Ministry may, under the powers delegated by Act or Presidential Decree, or exo ficio, issue

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ordinances of the Prime Minister or the Executive Ministry concerning
matters that are within their jurisdiction.

Article 96

The establishment, organization and function of each Executive Ministry shall be determined by Act.

Sub-Section 4 The Board of Audit and Inspection

Article 97

The Board of Audit and Inspection shall be established under the direct jurisdiction of the President to inspect and examine the settlement of the revenues and expenditures of the State, the accounts of the State
and other organizations specified by Act and the job performances of the
executive agencies and public officials.

Article 98

(1) The Board of Audit and Inspection shall be composed of no less than five and no more than eleven members, including the Chairman.
(2) The Chairman of the Board shall be appointed by the President with the consent of the National Assembly. The term of office of the Chairman
shall be four years, and he may be reappointed only once.
(3) The members of the Board shall be appointed by the President on the recommendation of the Chairman. The term of office of the members
shall be four years, and they may be reappointed only once.

Article 99

The Board of Audit and Inspection shall inspect the closing of accounts of revenues and expenditures each year, and report the results to the
President and the National Assembly in the following year.

Article 100

The organization and function of the Board of Audit and Inspection, the qualifications of its members, the range of the public officials subject to
inspection and other necessary matters shall be determined by Act.

CHAPTER Ⅴ THE COURTS

Article 101

(1) Judicial power shall be vested in courts composed of judges.

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(2) The courts shall be composed of the Supreme Court, which is the
highest court of the State, and other courts at specified levels. (3) Qualifications for judges shall be determined by Act.

Article 102

(1) Departments may be established in the Supreme Court.
(2) There shall be Supreme Court Justices at the Supreme Court: Provided, That judges other than Supreme Court Justices may be assigned to the Supreme Court under the conditions as prescribed by Act.
(3) The organization of the Supreme Court and lower courts shall be
determined by Act.

Article 103

Judges shall rule independently according to their conscience and in conformity with the Constitution and laws.

Article 104

(1) The Chief Justice of the Supreme Court shall be appointed by the
President with the consent of the National Assembly.
(2) The Supreme Court Justices shall be appointed by the President on the recommendation of the Chief Justice and with the consent of the Na-
tional Assembly.
(3) Judges other than the Chief Justice and the Supreme Court Justices shall be appointed by the Chief Justice with the consent of the Conference
of Supreme Court Justices.

Article 105

(1) The term of office of the Chief Justice shall be six years and he shall not be reappointed.
(2) The term of office of the Justices of the Supreme Court shall be six years and they may be reappointed as prescribed by Act.
(3) The term of office of judges other than the Chief Justice and Justices of the Supreme Court shall be ten years, and they may be reappointed
under the conditions as prescribed by Act.
(4) The retirement age of judges shall be determined by Act.

Article 106

(1) No judge shall be removed from office except by impeachment or a sentence of imprisonment without prison labor or heavier punishment, nor shall he be suspended from office, have his salary reduced or suffer

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any other unfavorable treatment except by disciplinary action.
(2) In the event a judge is unable to discharge his official duties because
of serious mental or physical impairment, he may be retired from office
under the conditions as prescribed by Act.

Article 107

(1) When the constitutionality of a law is at issue in a trial, the court
shall request a decision of the Constitutional Court, and shall judge ac-
cording to the decision thereof.
(2) The Supreme Court shall have the power to make a final review of
the constitutionality or legality of administrative decrees, regulations or
actions, when their constitutionality or legality is at issue in a trial.
(3) Administrative appeals may be conducted as a procedure prior to a
judicial trial. The procedure of administrative appeals shall be determined
by Act and shall be in conformity with the principles of judicial procedures.

Article 108

The Supreme Court may establish, within the scope of Act, regulations
pertaining to judicial proceedings and internal discipline and regulations
on administrative matters of the court.

Article 109

Trials and decisions of the courts shall be open to the public: Provided,
That when there is a danger that such trials may undermine the national
security or disturb public safety and order, or be harmful to public morals,
trials may be closed to the public by court decision.

Article 110

(1) Courts-martial may be established as special courts to exercise ju-
risdiction 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 quali-
fications of their judges shall be determined by Act.
(4) Military trials under an extraordinary martial law may not be appealed
in case of crimes of soldiers and employees of the military; military espio-
nage; and crimes as defined by Act in regard to sentinels, sentry posts,
supply of harmful foods and beverages, and prisoners of war, except in
the case of a death sentence.

CHAPTER Ⅵ THE CONSTITUTIONAL COURT

Article 111

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(1) The Constitutional Court shall have jurisdiction over the following matters:
1. The constitutionality of a law upon the request of the courts;
2. Impeachment;
3. Dissolution of a political party;
4. Competence disputes between State agencies, between State agencies and local governments, and between local governments; and
5. Constitutional complaint as prescribed by Act.
(2) The Constitutional Court shall be composed of nine Justices qualified to be court judges, and they shall be appointed by the President.
(3) Among the Justices referred to in paragraph (2), three shall be
appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice of the Supreme
Court.
(4) The president of the Constitutional Court shall be appointed by the
President from among the Justices with the consent of the National
Assembly.

Article 112

(1) The term of office of the Justices of the Constitutional Court shall be six years and they may be reappointed under the conditions as prescribed
by Act.
(2) The Justices of the Constitutional Court shall not join any political party, nor shall they participate in political activities.
(3) No Justice of the Constitutional Court shall be expelled from office except by impeachment or a sentence of imprisonment without prison
labor or heavier punishment.

Article 113

(1) When the Constitutional Court makes a decision of the constitutionality of a law, a decision of impeachment, a decision of dissolution of a political
party or an affirmative decision regarding the constitutional complaint, the concurrence of six Justices or more shall be required.
(2) The Constitutional Court may establish regulations relating to its
proceedings and internal discipline and regulations on administrative matters within the limits of Act.
(3) The organization, function and other necessary matters of the Con-
stitutional Court shall be determined by Act.

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CHAPTER Ⅶ ELECTION MANAGEMENT

Article 114

(1) Election commissions shall be established for the purpose of fair management of elections and national referenda, and dealing with a- dministrative affairs concerning political parties.
(2) The National Election Commission shall be composed of three members appointed by the President, three members selected by the National Assembly, and three members designated by the Chief Justice of the
Supreme Court. The Chairman of the Commission shall be elected from among the members.
(3) The term of office of the members of the Commission shall be six years.
(4) The members of the Commission shall not join political parties, nor shall they participate in political activities.
(5) No member of the Commission shall be expelled from office except
by impeachment or a sentence of imprisonment without prison labor or heavier punishment.
(6) The National Election Commission may establish, within the limit
of Acts and decrees, regulations relating to the management of elections, national referenda, and administrative affairs concerning political parties and may also establish regulations relating to internal discipline that
are compatible with Act.
(7) The organization, function and other necessary matters of the election commissions at each level shall be determined by Act.

Article 115

(1) Election commissions at each level may issue necessary instructions to administrative agencies concerned with respect to administrative
affairs pertaining to elections and national referenda such as the pre-
paration of the pollbooks.
(2) Administrative agencies concerned, upon receipt of such instructions, shall comply.

Article 116

(1) Election campaigns shall be conducted under the management of the election commissions at each level within the limit set by Act. Equal op-
portunity shall be guaranteed.
(2) Except as otherwise prescribed by Act, expenditures for elections shall

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not be imposed on political parties or candidates.

CHAPTER Ⅷ LOCAL AUTONOMY

Article 117

(1) Local governments shall deal with administrative matters pertaining
to the welfare of local residents, manage properties, and may enact provi-
sions relating to local autonomy, within the limit of Acts and subordinate
statutes.
(2) The types of local governments shall be determined by Act.

Article 118

(1) A local government shall have a council.
(2) The organization and powers of local councils, and the election of
members; election procedures for heads of local governments; and other
matters pertaining to the organization and operation of local governments
shall be determined by Act.

CHAPTER Ⅸ THE ECONOMY

Article 119

(1) The economic order of the Republic of Korea shall be based on a respect
for the freedom and creative initiative of enterprises and individuals in
economic affairs.
(2) The State may regulate and coordinate economic affairs in order to
maintain the balanced growth and stability of the national economy, to
ensure proper distribution of income, to prevent the domination of the
market and the abuse of economic power and to democratize the economy
through harmony among the economic agents.

Article 120

(1) Licenses to exploit, develop or utilize minerals and all other important
underground resources, marine resources, water power, and natural powers
available for economic use may be granted for a period of time under
the conditions as prescribed by Act.
(2) The land and natural resources shall be protected by the State, and
the State shall establish a plan necessary for their balanced development
and utilization.

Article 121

(1) The State shall endeavor to realize the land-to-the-tillers principle

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with respect to agricultural land. Tenant farming shall be prohibited.
(2) The leasing of agricultural land and the consignment management of agricultural land to increase agricultural productivity and to ensure the rational utilization of agricultural land or due to unavoidable cir- cumstances, shall be recognized under the conditions as prescribed by Act.

Article 122

The State may impose, under the conditions as prescribed by Act, restric-
tions or obligations necessary for the efficient and balanced utilization,
development and preservation of the land of the nation that is the basis
for the productive activities and daily lives of all citizens.

Article 123

(1) The State shall establish and implement a plan to comprehensively
develop and support the farm and fishing communities in order to protect
and foster agriculture and fisheries.
(2) The State shall have the duty to foster regional economies to ensure
the balanced development of all regions.
(3) The State shall protect and foster small and medium enterprises.
(4) In order to protect the interests of farmers and fishermen, the State
shall endeavor to stabilize the prices of agricultural and fishery products
by maintaining an equilibrium between the demand and supply of such
products and improving their marketing and distribution systems.
(5) The State shall foster organizations founded on the spirit of self-help
among farmers, fishermen and businessmen engaged in small and medium
industry and shall guarantee their independent activities and develop-
ment.

Article 124

The State shall guarantee the consumer protection movement intended
to encourage sound consumption activities and improvement in the quality
of products under the conditions as prescribed by Act.

Article 125

The State shall foster foreign trade, and may regulate and coordinate
it.

Article 126

Private enterprises shall not be nationalized nor transferred to ownership
by a local government, nor shall their management be controlled or ad-
ministered by the State, except in cases as prescribed by Act to meet
urgent necessities of national defense or the national economy.

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Article 127

(1) The State shall strive to develop the national economy by developing science and technology, information and human resources and encouraging innovation.
(2) The State shall establish a system of national standards.
(3) The President may establish advisory organizations necessary to achieve the purpose referred to in paragraph (1).

CHAPTER Ⅹ AMENDMENTS TO THE CONSTITUTION

Article 128

(1) A proposal to amend the Constitution shall be introduced either by a majority of the total members of the National Assembly or by the Pres-
ident.
(2) Amendments to the Constitution for the extension of the term of office of the President or for a change allowing for the reelection of the President
shall not be effective for the President in office at the time of the proposal
for such amendments to the Constitution.

Article 129

Proposed amendments to the Constitution shall be put before the public by the President for twenty days or more.

Article 130

(1) The National Assembly shall decide upon the proposed amendments within sixty days of the public announcement, and passage by the National Assembly shall require the concurrent vote of two thirds or more of the
total members of the National Assembly.
(2) The proposed amendments to the Constitution shall be submitted to a national referendum not later than thirty days after passage by the
National Assembly, and shall be determined by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly.
(3) When the proposed amendments to the Constitution receive the con- currence prescribed in paragraph (2), the amendments to the Constitution shall be finalized, and the President shall promulgate it without delay.

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ADDENDA

Article 1

This Constitution shall enter into force on the twenty-fifth day of February, anno Domini Nineteen hundred and eighty-eight: Provided, That the enactment or amendment of Acts necessary to implement this Constitu-
tion, the elections of the President and the National Assembly under this Constitution and other preparations to implement this Constitution may be carried out prior to the entry into force of this Constitution.

Article 2

(1) The first presidential election under this Constitution shall be held not later than forty days before this Constitution enters into force. (2) The term of office of the first President under this Constitution shall commence on the date of its enforcement.

Article 3

(1) The first elections of the National Assembly under this Constitution shall be held within six months from the promulgation of this Constitution. The term of office of the members of the first National Assembly elected under this Constitution shall commence on the date of the first convening of the National Assembly under this Constitution.
(2) The term of office of the members of the National Assembly incumbent at the time this Constitution is promulgated shall terminate the day prior to the first convening of the National Assembly under paragraph (1).

Article 4

(1) Public officials and officers of enterprises appointed by the Govern- ment, who are in office at the time of the enforcement of this Constitution, shall be considered as having been appointed under this Constitution:

Provided, That public officials whose election procedures or appointing

authorities are changed under this Constitution, the Chief Justice of the Supreme Court and the Chairman of the Board of Audit and Inspection shall remain in office until such time as their successors are chosen under this Constitution, and their terms of office shall terminate the day before the installation of their successors.
(2) Judges attached to the Supreme Court who are not the Chief Justice or Justices of the Supreme Court and who are in office at the time of the enforcement of this Constitution shall be considered as having been

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appointed under this Constitution notwithstanding the proviso of para-
graph (1).
(3) Those provisions of this Constitution which prescribe the terms of office of public officials or which restrict the number of terms that public
officials may serve, shall take effect upon the dates of the first elections or the first appointments of such public officials under this Constitution.

Article 5

Acts, decrees, ordinances and treaties in force at the time this Constitution enters into force, shall remain valid unless they are contrary to this Constitution.

Article 6

Those organizations existing at the time of the enforcement of this Constitution which have been performing the functions falling within the authority of new organizations to be created under this Constitution, shall
continue to exist and perform such functions until such time as the new
organizations are created under this Constitution.

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