Constitutional Amendment Process in South Korea

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:

• The President: Through a presidential decree
• Majority of the National Assembly: Requires approval by a majority of sitting members

Legislative Approval (Article 129)

The proposed amendment must be published for at least 20 days. The National Assembly must vote on the amendment within 60 days of its publication. Approval requires:

• Two-thirds majority of the total National Assembly membership (200 out of 300)

Referendum (Article 130)

Following legislative approval, the amendment is submitted to a national referendum within 30 days. The amendment is adopted if:

• More than 50% of eligible voters participate in the referendum
• More than 50% of voters participating approve the amendment

Promulgation

The President must promulgate the adopted amendment without delay.

Historical Amendments

1948–1987 Amendments

The Constitution has been amended nine times:

• 1st Amendment (1952): Direct presidential election during the Korean War
• 2nd Amendment (1954): Removed first-term presidential term limit (allowed Syngman Rhee to seek re-election)
• 3rd Amendment (1960): Second Republic — adopted parliamentary system
• 4th Amendment (1960): Retroactive punishment for anti-democratic acts
• 5th Amendment (1962): Third Republic — restored presidential system
• 6th Amendment (1972): Yushin Constitution — authoritarian presidential system
• 7th Amendment (1980): Fifth Republic — modified authoritarian system
• 8th Amendment (1987): Current democratic constitution
• 9th Amendment (1988): Supplementary provisions related to Constitutional Court establishment

Amendment Proposals Since 1987

Presidential Term Structure

The single five-year term has been widely criticized as creating a “lame duck” president in the final year. Reform proposals include:

• Four-year term with re-election: Similar to the US system
• Two-term limit: Four-year renewable term
• Dual executive (cabinet system or semi-presidential system)

Decentralization

Proposals to strengthen local autonomy and adopt a federal or quasi-federal structure.

Constitutional Rights

Reform proposals include:

• Right to same-sex marriage
• Animal rights
• Digital rights (data protection, algorithmic transparency)
• Abortion rights (following 2019 decriminalization)
• Environmental rights (climate constitutionalism)

Criticisms of the Current Process

The high amendment threshold (two-thirds legislative + national referendum) has been criticized as excessively rigid, preventing necessary reforms. Some propose lowering the legislative threshold to three-fifths majority.

Political Dynamics

Despite general consensus on the need for reform, political polarization has prevented amendment progress. The 2018 Presidential Constitutional Advisory Committee proposed comprehensive amendments, but the National Assembly did not act on them. The 2022–2023 reform discussions similarly stalled.

Conclusion

The South Korean constitutional amendment process reflects the 1987 Constitution’s commitment to stability through supermajority requirements. While this has prevented hasty or self-serving amendments, it has also made necessary reforms difficult to achieve. The ongoing debate over presidential term structure and rights expansion continues, but no amendment has succeeded in the nearly four decades of the current Constitution.