Constitutional Law on ExcellentWiki - Legal Encyclopedia

Overview of the 1987 Constitution of South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Constitution of the Republic of Korea (대한민국 헌법) was enacted on July 17, 1948, and comprehensively revised on October 29, 1987, following the June Democratic Struggle. The 1987 Constitution — the current supreme law — established a democratic system with direct presidential elections, strengthened fundamental rights, created the Constitutional Court, and curtailed executive power. The Constitution consists of a Preamble, 130 Articles divided into 10 Chapters, and Supplementary Provisions.

Constitutional Amendment Process in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The constitutional amendment process in South Korea is governed by Articles 128–130 of the Constitution. The process is designed to ensure broad consensus for any constitutional revision, requiring supermajority legislative approval followed by a national referendum. Since the 1987 Constitution, no amendment has succeeded, though various proposals for constitutional reform have been advanced by presidents, legislatures, and civil society.

Amendment Procedure

Initiation (Article 128)

A constitutional amendment may be proposed by:

Constitutional Court of Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Constitutional Court of Korea (헌법재판소) was established on September 1, 1988, under the 1987 Constitution. Modeled on the German Federal Constitutional Court (Bundesverfassungsgericht), it is a specialized constitutional tribunal with exclusive jurisdiction over constitutional review, constitutional complaints, competence disputes, impeachment trials, and political party dissolution. The Court consists of nine justices serving six-year renewable terms.

Composition

Appointment Process

The nine justices are appointed by the President of Korea, with three justices designated by the National Assembly and three designated by the Chief Justice of the Supreme Court (Article 111(2) of the Constitution). This tripartite appointment structure ensures balanced representation across branches of government.

Executive Power in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Executive power in South Korea is vested in the President (대통령) under Chapter IV (Articles 66–85) of the Constitution. The President serves as both head of state and head of government in a strong presidential system. The Constitution establishes a single five-year term to prevent the concentration of executive power that characterized Korea’s authoritarian past. The State Council (국무회의) and the Prime Minister (국무총리) support the President in exercising executive functions.

Legislative Power in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Legislative power in South Korea is vested in the National Assembly (국회) under Chapter III (Articles 40–65) of the Constitution. The National Assembly is a unicameral legislature composed of 300 members, exercising lawmaking, budgetary, oversight, and impeachment powers. The legislative process involves bill introduction, committee review, floor deliberation, and presidential promulgation.

Composition of the National Assembly

The National Assembly has 300 members:

253 constituency seats: Elected by first-past-the-post in single-member districts
47 proportional representation seats: Allocated through a mixed-member proportional system (introduced in 2019)

Members serve four-year terms (Article 42). Elections are administered by the independent National Election Commission (Article 114).

National Assembly of South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The National Assembly of the Republic of Korea (대한민국 국회) is the unicameral national legislature established under Chapter III (Articles 40–65) of the Constitution. Comprising 300 members elected for four-year terms, the Assembly exercises legislative, budgetary, oversight, and impeachment powers. The Assembly’s institutional role has evolved significantly since democratization, asserting greater independence from executive dominance.

Historical Development

Pre-Democratization Era

Under the First through Fifth Republics (1948–1987), the National Assembly operated under varying degrees of executive domination. During the Yushin Constitution period (1972–1979), one-third of Assembly members were appointed by the President, and legislative powers were severely curtailed.

Fundamental Rights Catalogue (Chapter II) of the South Korean Constitution

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Chapter II (Articles 10–39) of the Constitution of the Republic of Korea contains the fundamental rights catalogue, providing comprehensive constitutional protection for individual and collective rights. The catalogue draws from German and Japanese constitutional traditions while incorporating distinctly Korean concerns, particularly national security, peaceful unification, and cultural identity. The Constitutional Court has developed an extensive jurisprudence interpreting and enforcing these rights.

Structure and Organization

Article 10 — Human Dignity and Worth

“All citizens shall be assured of human dignity and worth and have the right to pursue happiness. The State shall have the obligation to confirm and guarantee the inviolable fundamental rights of individuals.”

Constitutional Complaint Procedure in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The constitutional complaint procedure (헌법소원심판, case citation prefix Hun-Ba) is a direct individual petition to the Constitutional Court of Korea for the protection of fundamental rights. Established under Article 68 of the Constitutional Court Act, the procedure allows any person whose fundamental rights are infringed by the exercise or non-exercise of public power to seek redress directly from the Constitutional Court. It is the most frequently used jurisdiction of the Constitutional Court, with thousands filed annually.

National Security in the South Korean Constitution

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The South Korean Constitution establishes a comprehensive framework for national security that reflects the country’s unique security environment — including the division of the Korean Peninsula, the North Korean threat, and the legacy of authoritarian abuses of emergency powers. Chapter IX (Articles 74–77) and related provisions in other chapters address military command, emergency powers, and the constitutional limitations on security measures. The Constitutional Court has balanced security needs with fundamental rights protection.