The Constitution of the Republic of Korea (South Korea) is its basic law. It was promulgated on July 17, 1948, and last revised in 1987. Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... is the 198th day of the year (199th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ...

History

South Korea's 1948 Constitution, its first, provided for central control under the President. It has been amended or almost wholly re-written nine times. In 1919, the Provisional Government of the Republic of Korea promulgated a constitution of Korea, but it was ineffective in Korea under Japanese rule. See also: Division of Korea. The Provisional Government of the Republic of Korea was a government in exile based in Shanghai, China and later in Chongqing, during the Japanese occupation of Korea. ... Flag of the Japanese Empire Anthem Kimi ga Yoa Korea under Japanese Occupation Capital Keijo Language(s) Korean, Japanese Religion Shintoisma Government Constitutional monarchy Emperor of Japan  - 1910–1912 Emperor Meiji  - 1912–1925 Emperor Taisho  - 1925–1945 Emperor Showa Governor-General of Korea  - 1910–1916 Masatake Terauchi  - 1916–1919 Yoshimichi... The Korean peninsula, first divided along the 38th parallel, later along the demarcation line The division of Korea into North Korea and South Korea stems from the 1945 Allied victory in World War II, ending Japans 35-year occupation of Korea. ...

The 1948 Constitution was first amended in 1952 ahead of President Syngman Rhee's re-election, providing for direct presidential elections and a bicameral legislature. It was passed with procedural irregularities after fierce debate. In 1954, Rhee again forced an amendment, removing term limits for himself and emphasizing a capitalistic economic model. This is a Korean name; the family name is Rhee Syngman Rhee or Lee Seungman or Yee Sung-man (March 26, 1875 – July 19, 1965) was the first president of South Korea. ...

Facing widespread public protests against these moves, the Second Republic began with the more democratic 1960 Constitution, creating a cabinet, a bicameral legislature, an election commission, and a constitutional commission. It also provided for elections for supreme court justices and provincial governors, as well as natural law-based individual rights. The Second Republic of South Korea was the government of South Korea for eight months in 1960 and 1961. ... Natural law or the law of nature (Latin: lex naturalis) is an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. ...

With the 1961 coup d’état by Park Chung-hee, the 1960 version was nullified, and in 1962, the Third Republic's Constitution was passed, with additional similarities to the U.S. Constitution, such as nominal judicial review functions. In 1972, Park extended his rule with the Fourth Republic constitution, called the Yusin Constitution, providing for an indefinite presidential term and more centralized power. This is a Korean name; the family name is Park Park Chung-hee (November 14, 1917 – October 26, 1979) was a former ROK Army general and the leader of the Republic of Korea from 1961 to 1979. ... The Third Republic of South Korea was the government of South Korea from 1963 to 1972. ... Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ... The Fourth Republic of South Korea was the government of the country from 1972 to 1979. ... It has been suggested that this article or section be merged into Fourth Republic of South Korea. ...

After Park was assassinated in 1979, the Fifth Republic began with the 1980 Constitution under President Chun Doo-hwan, providing for a somewhat weaker president, indirectly elected, an unicameral legislature, and a cabinet system. The Fifth Republic of South Korea was the government of the country from 1979 to 1987. ... This is a Korean name; the family name is Chun Chun Doo Hwan (born 18 January 1931) was former ROK Army general and the President of South Korea from 1980 to 1988. ... This article is about the governmental body. ...

With the pro-democratic protests of 1987, the 1988 Constitution of the Sixth Republic was passed. The constitutional bill was passed by the National Assembly on October 12, 1987, and approved by 93 percent in a national referendum on October 28, taking effect on February 25, 1988, when Roh Tae Woo was inaugurated as president. The Sixth Republic of South Korea is the countrys present-day government. ... is the 285th day of the year (286th in leap years) in the Gregorian calendar. ... Year 1987 (MCMLXXXVII) was a common year starting on Thursday (link displays 1987 Gregorian calendar). ... is the 56th day of the year in the Gregorian calendar. ... Year 1988 (MCMLXXXVIII) was a leap year starting on Friday (link displays 1988 Gregorian calendar). ... Roh Tae-woo (born December 4, 1942 in Daegu, South Korea), a Korean general and politician. ...

Structure

Consisting of a preamble, 130 articles, and supplementary provisions, the Constitution provides for an executive branch headed by a president and an appointed prime minister, a unicameral legislature called the National Assembly, and a judiciary consisting of the Constitutional Court, Supreme Court and lower courts. In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. ... President is a title held by many leaders of organizations, companies, trade unions, universities, and countries. ... A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. ... For unicameral alphabets, see the article letter case. Unicameralism is the practice of having only one legislative or parliamentary chamber. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ... The National Assembly is the South Korean parliament. ... The Politics series Politics Portal This box:      In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A Constitutional Court is a high court found in many countries which deals primary with constitutional law. ... The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ...

The President is elected by direct popular vote, and limited to a single five-year term. The Prime Minister is appointed by the President with the consent of the National Assembly. Although not required by the Constitution, the President also appoints members of the cabinet. President Kim Dae-jung changed to the cabinet system. Kim Dae-jung (born December 3, 1925) is a South Korean politician. ...

The National Assembly consists of at least 200 (presently 299) members elected to four-year terms. The Supreme Court's chief justice is appointed by the president and up to 13 other justices appointed by the president on recommendation of the chief justice with the approval of the National Assembly. Each justice serves a six-year term.

The Constitution declares South Korea a democratic republic, its territory consisting of "the Korean Peninsula and its adjacent islands," and that "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." The term Democratic Republic has formed part of several states official names. ... The Korean Peninsula is a peninsula in East Asia. ... Unification Flag of Korea The Korean reunification is the possible future unification of North Korea and South Korea under a single government. ...

Individual rights

Individuals may not be punished, placed under preventive restrictions, or subjected to involuntary labor except as provided by law. Those detained or arrested must be informed of the reason and of their right to an attorney, and family members must be informed. Warrants must be issued by a judge "through due procedures," and accused persons may sue for wrongful arrest in certain cases.

However, individual rights are qualified by other constitutional provisions and pre-existing laws, including the National Security Act, which restricts due process rights in political offense cases. The National Security Act (국가보안법) is a law in South Korea stating that it is Based on the Law for Maintenance of the Public Security of the Japanese occupation of Korea, it was passed in 1948, and made communism and the recognition of North Korea as a political entity both illegal. ...

Economic provisions

In Article 119, stable and balanced growth rates, "proper distribution of income," and preventing "abuse of economic power" are explicitly listed as goals of the government. The regulatory goal to "democratize the economy through harmony among economic agents" in the same article reflects the strong prevalence of traditional Korean values and the close relationship between politics and the economy. Article 125 designates foreign trade as a strategic area to be fostered, regulated and coordinated by the state. [1]

The Constitution affirms both the right and the duty to work, requiring regulation of minimum wages and working conditions. Workers have the right to independent association, collective bargaining, and collective action.

Constitutional Court

Following the 1987 amendment, the Constitutional Court was established in September 1988. Based on the European model, it is a specialized court that determines the Constitutionality of laws, disputes between governmental entities, Constitutional complaints filed by individuals, impeachments, and dissolution of political parties. Earlier constitutions provided for various forms of judicial review, but the judiciary did not exercise actual independence. Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ... Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ...

The Court's nine Justices serve six-year renewable terms. As of December 2004, the Court has declared 418 laws unconstitutional and revoked about 214 governmental actions. [2]

See also

Wikisource has original text related to this article:

Constitution of the Republic of Korea

• History of South Korea
• Elections in South Korea
• List of national constitutions
• List of Korea-related topics

Image File history File links Wikisource-logo. ... The original Wikisource logo. ... The History of South Korea traces the development of South Korea from the division of the Korean Peninsula in 1945 to the present day. ... Elections in South Korea provides an overview of the history of South Korean elections and their results. ... // Codified constitutions Afghanistan Albania Algeria Andorra Angola Argentina Armenia Australia Austria — titled Bundesverfassungsgesetz Bangladesh Bahrain Belarus Belgium — titled De Belgische Grondwet in Flemish Bosnia and Herzegovina (Dayton Agreement, 1995) Brazil Canada (1982) Chile China, Peoples Republic of Hong Kong Macau Tibet China, Republic of - Taiwan Colombia Congo, Democratic Republic... This is a list of Wikipedia articles on Korea-related people, places, things, and concepts. ...

External links

• Republic Of Korea Constitution This site does not exist.
• Korea Britannica article through Daum.net, in Korean
• Jisik Q&A at Yahoo Korea, in Korean
• Institut für öffentliches Recht, in English, with timeline
• U.S. Department of State
• [hhttp://www.ccourt.go.kr/home/english/welcome.jsp Constitutional Court of Korea] This site also does not exist.
• U.S. Library of Congress - Country Studies