Democratization and the 1987 Constitution
Introduction
The 1987 Constitution of the Republic of Korea emerged from the June Democratic Struggle (6월 민주항쟁), a nationwide protest movement that forced the authoritarian Fifth Republic to accept democratic constitutional reform. The resulting constitution — the Eighth Amendment and current supreme law — established direct presidential elections, strengthened fundamental rights, created the Constitutional Court, and curtailed executive power. The 1987 Constitution inaugurated the Sixth Republic, marking Korea’s transition from authoritarianism to democracy.
The June Democratic Struggle (1987)
Background
The death of student activist Park Jong-chul under police torture in January 1987 galvanized opposition. On April 13, President Chun Doo-hwan announced the suspension of constitutional reform discussions, triggering nationwide protests.
June Democracy Movement
From June 10, millions of citizens participated in peaceful demonstrations across the country, demanding:
- Direct presidential election
- Restoration of civil liberties
- Release of political prisoners
- Freedom of the press
June 29 Declaration
On June 29, 1987, ruling party presidential candidate Roh Tae-woo accepted the protesters’ demands in the historic June 29 Declaration, agreeing to constitutional reform including direct presidential elections.
Constitutional Revision Process
Special Constitutional Committee
A special parliamentary committee drafted the revised constitution during July–October 1987. The drafting process involved:
- Negotiation between ruling and opposition parties
- Consultation with legal scholars and civil society
- Review of comparative constitutional models (particularly German and US)
National Referendum
The proposed constitution was approved by national referendum on October 28, 1987, with 93.1% approval and 78.2% voter turnout. It took effect on October 29, 1987.
Key Features of the 1987 Constitution
Direct Presidential Election
The Constitution restored direct presidential election (Article 67), replacing the indirect election system used under Yushin and the Fifth Republic. The President serves a single five-year term, preventing indefinite re-election.
Strengthened Fundamental Rights
The rights catalogue was significantly expanded:
- Due process clause (Article 12): Explicit warrant requirement and procedural protections
- Right to counsel: Expanded access to legal representation
- Freedom of conscience: First explicit protection (Article 19)
- Freedom of expression and press (Article 21): Strengthened protections
- Social rights: Environmental right (Article 35), enhanced welfare rights
- Proportionality clause (Article 37(2)): General limitation standard
Establishment of the Constitutional Court
The most significant institutional innovation was the creation of the Constitutional Court of Korea (Article 111). The Court replaced the ineffectual Constitutional Committee and was given:
- Constitutional review of statutes
- Constitutional complaint jurisdiction
- Competence dispute resolution
- Impeachment trial authority
- Political party dissolution power
Limits on Emergency Powers
The 1987 Constitution strictly limited emergency powers:
- Emergency orders require State Council deliberation and National Assembly approval
- Martial law is subject to Assembly override
- The President may not dissolve the National Assembly
Judicial Independence
Article 103 guarantees judicial independence: “Judges shall render judgments independently according to the Constitution and the law, guided by their conscience.”
Post-1987 Legal Reforms
Constitutional Court Establishment (1988)
The Constitutional Court began operations on September 1, 1988. Its early decisions established the Court as an independent, active constitutional guardian.
Local Autonomy Restoration (1991)
The Constitution’s local autonomy provisions were implemented, restoring elected local governments.
National Human Rights Commission (2001)
The NHRCK was established as an independent human rights institution.
Criminal Procedure Reform (2007)
Major reform introduced adversarial elements, strengthened defendant rights, and established the exclusionary rule.
Anti-Corruption Legislation
Prosecutorial reform, the CIO Act (2020), and enhanced transparency laws strengthened democratic accountability.
Conclusion
The 1987 Constitution represents South Korea’s successful transition from authoritarianism to democratic constitutionalism. By limiting presidential power, establishing independent constitutional review, and protecting fundamental rights, the Constitution created the institutional framework for democratic consolidation. The Constitution has endured without amendment for nearly four decades, demonstrating broad consensus on its basic principles while legal reform continues to deepen democratic governance.