Overview of the 1987 Constitution of South Korea
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.
Historical Context
Constitutional Evolution
South Korea has undergone nine constitutional revisions since 1948:
- 1948 Constitution: Established a presidential system with a unicameral legislature
- 1952 Constitutional Amendment (Busan Political Crisis) : Direct presidential election restored
- 1954 Constitutional Amendment: Extended presidential term limits
- 1960 Second Republic: Parliamentary system adopted (short-lived)
- 1962 Third Republic: Presidential system restored under Park Chung-hee
- 1972 Yushin Constitution: Authoritarian system with indirect presidential election
- 1980 Fifth Republic: Modified authoritarian system under Chun Doo-hwan
- 1987 Current Constitution: Democratic constitution establishing the Sixth Republic
Structure of the Current Constitution
Preamble
The Preamble invokes the spirit of the March 1 Independence Movement (1919) and the April 19 Revolution (1960), emphasizing democratic legitimacy, human rights, and peaceful unification.
Chapter I: General Provisions (Articles 1–9)
- Article 1: “The Republic of Korea shall be a democratic republic” — popular sovereignty
- Article 2: Citizenship
- Article 3: Territory
- Article 5: Peaceful unification and international rule of law
- Article 8: Political party system
Chapter II: Rights and Duties of Citizens (Articles 10–39)
The fundamental rights catalogue (see separate article on Fundamental Rights Catalogue).
Chapter III: The National Assembly (Articles 40–65)
Unicameral legislature with lawmaking, budget, oversight, and impeachment powers.
Chapter IV: The Executive (Articles 66–85)
Strong presidential system with a single five-year term, Prime Minister, and State Council.
Chapter V: The Courts (Articles 101–110)
Chapter VI: The Constitutional Court (Article 111–113)
Chapter VII: Election Management (Articles 114–116)
Chapter VIII: Local Autonomy (Articles 117–118)
Chapter IX: Economy (Articles 119–127)
Chapter X: Constitutional Amendment (Articles 128–130)
Key Features
Strong Presidential System
The President, directly elected for a single five-year term, serves as both head of state and head of government. The single-term provision prevents the concentration of power that characterized earlier authoritarian regimes.
Constitutional Court
The establishment of the Constitutional Court in 1988 was a defining feature of the 1987 Constitution. The Court exercises:
- Constitutional review of statutes
- Constitutional complaints
- Competence disputes
- Impeachment trials
- Party dissolution
Expanded Fundamental Rights
The 1987 Constitution expanded the rights catalogue, added the due process clause (Article 12), strengthened the warrant requirement, and recognized new social rights.
Amendment Process
Article 128–130 establish a special amendment procedure:
- Presidential or National Assembly majority proposal
- Public referendum (if presidential proposal) or two-thirds National Assembly vote
- Final referendum by majority of voters
Conclusion
The 1987 Constitution represents South Korea’s commitment to democratic constitutionalism. By limiting presidential power, establishing independent constitutional review, and protecting fundamental rights, it created the legal framework for the country’s democratic consolidation. The Constitution has endured for nearly four decades without formal amendment, reflecting broad consensus on its basic structure.