Constitution of the Republic of Korea
The Constitution of the Republic of Korea, adopted on 25 October 1987 following the June Democratic Uprising, is the supreme law of South Korea. The Constitution establishes a presidential system of government with a bicameral National Assembly, an independent judiciary, and a Constitutional Court. It guarantees a comprehensive bill of rights, including freedom of speech, assembly, and religion, as well as social and economic rights. The Constitution mandates the separation of powers and provides for impeachment of high-ranking officials.
Legal area: Constitutional law governing the structure of government and fundamental rights.
Year enacted: 1987
Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-constitution
Key Provisions
- Article 1: The Republic of Korea as a democratic republic
- Article 10: Inviolable dignity and pursuit of happiness
- Article 11: Equality before the law
- Article 21: Freedom of speech, press, and assembly
- Article 24: Right to vote
- Article 25: Right to hold public office
- Article 37: Freedom and privacy of all citizens
- Article 111: Constitutional Court (judicial review)
- Article 130: Amendment procedures (2/3 of National Assembly, national referendum)
Significance
The 1987 Constitution restored democratic governance after decades of military rule. Its adoption followed the June Democratic Uprising, one of the most significant pro-democracy movements in East Asian history. The Constitutional Court has played a vital role in protecting democratic governance, striking down emergency decrees and ruling on presidential impeachment. The Constitution’s extensive social rights provisions reflect a commitment to social democracy. Amendments require a two-thirds majority in the National Assembly and approval by national referendum.