Constitution of South Korea

The preamble of the Constitution of South Korea states that the document was established in the spirit of "upholding the cause of the Provisional Republic of Korea Government",[3] the Korean government exiled after the imposition of Japanese colonial rule of Korea. As such, the founding document of the provisional government—The Provisional Charter of Korea—serves as the basis for the current constitution.[4] Promulgated in 1919, the charter first gave the ‘Republic of Korea’ it name and laid out the ideas forming the backbone of later South Korean constitutions.

These ten articles are:[5]

1. The Republic of Korea is a democratic republic country.
2. The Republic of Korea should be governed by the provisional people of the provisional government.
3. All citizens of the Republic of Korea are equal without gender, wealth and stratum.
4. All citizens of the Republic of Korea have the rights to be free of religion, media, writing, publishing, association, assembly, the charge of address, body and ownership.
5. The citizens who have the qualification of the citizen of the Republic of Korea have a right to vote and to be elected.
6. The citizens of the Republic of Korea have a duty to education, taxation, and military service.
7. The Republic of Korea will join the League of Nations in order to exert its founding spirit in the world and to contribute to human culture and peace by the will of God.
8. The Republic of Korea gives preference to the old imperial family.
9. The Republic of Korea forbids the punishment of life, body, and licensed prostitution.
10. The Provisional Government convenes the National Assembly within one year after the restoration of the country.

South Korean Bill of Rights (or fundamental right) is Constitution CHAPTER 2. RIGHTS AND DUTIES OF CITIZENS (4-687) Individuals may not be punished, placed under preventive restrictions, or subjected to involuntary labor except as provided by law. Those detained or arrested must be informed of the reason and of their right to an attorney, and family members must be informed. Warrants must be issued by a judge "through due procedures," and accused persons may sue for wrongful arrest in certain cases.

However, individual rights are qualified by other constitutional provisions and pre-existing laws, including the National Security Act, which restricts due process rights.

In Article 119, stable and balanced growth rates, "proper distribution of income", and preventing "abuse of economic power" are explicitly listed as goals of the government. The regulatory goal to "democratize the economy through harmony among economic agents" in the same article reflects the strong prevalence of traditional Korean values and the close relationship between politics and the economy. Article 125 designates foreign trade as a strategic area to be fostered, regulated and coordinated by the government.

The Constitution affirms both the right and the duty to work, requiring regulation of minimum wages and working conditions. Workers have the right to independent association, collective bargaining, and collective action.

Article 5 (2) of the Constitution stipulates that "the ROK military shall fulfill the sacred duty of national security and defense of the nation, and its political neutrality shall be obeyed" .

Education promotes the potential of individuals so that individuals can develop their personality in each area of life. In view of the important functions of education, Article 31(6) of the Constitution stipulates to specify in the law about the basic laws and regulations about the education system and its operation, education finances and the status of teachers.

Political neutrality of public officials is specified in the law. Article 6(2) of the Constitution stipulates that "The status and political neutrality of public officials shall be guaranteed by law". Also, Article 9(1) of the Public Service Elections act regulates that Public servants or any other person (including any organization or organization) that is required to be in a political neutrality shall not engage in any unfair influence on the election or otherwise act on the election results. Article 65 of the Public Officials Act (Prohibition of Political Movement) Section 2 regulates that Public officials shall not engage in the following activities to support or oppose a specific political party or a particular person in an election.

1. To make an invitation to vote or not

2. Pray, preside, or recommend the signatory movement.

3. To publish or post documents or books to public facilities

4. To make a donation recruitment, or to use public funds

5. To encourage others to join or not to join a political party or other political organizations

The difference between the constitutions of South Korea and the U.S. is shown in many constitution provisions. For example, Article 66 to 85 in the constitution of South Korea prescribes the law about the president. The constitution of the U.S. prescribes the law about the president in Article Two. In South Korea, the president is voted by Direct election. He or she serves a single five-year term, and no additional terms are allowed. His or her major roles include (1) Head of State, (2) Chief administrator, (3) Commander-in-chief, (4) Top diplomat and foreign policy maker, (5) Chief policy maker and key lawmaker. The Prime Minister is the replacement in the event of presidential disability. However, in the US, the President is elected by indirect election. The President can only serve for up to 8 years in 2 4-year terms, the second term contingent upon re-election. His or her major roles include (1) Head of State, (2) Chief administrator, (3) Commander-in-chief, and (4) has the final veto power on bills passed by the legislature. The Vice president is the replacement in the event of presidential disability.

Article 111 of the Constitution stipulates the enforcement of the Constitutional Court and the qualifications and appointments of the Constitutional Court Judges.

Section 1 sets out five judgments ruled by the Constitutional Court.

• The constitutionality of a law upon the request of the courts: Judge whether the law enacted by the National Assembly violates the Constitution.
• Impeachment referee: If a public official in a high position, such as the president, violates the Constitution and the law, he may withdraw from office.
• Political party dissolution: A political party that violates the purpose or basic order of a political party can dissolve the political party.
• Competence disputes between State agencies, between State agencies and local governments, and between local governments: It plays a role of solving the case of disputes between national institutions, national institutions, local autonomous bodies, and local autonomous entities.
• Constitutional appeal: Judgment of the constitutional wishes such as whether the state violates the rights of the people.

Paragraphs 2 to 4 refer to the judges of the Constitutional Court.

Paragraph 2 states that the judge of the Constitutional Court is qualified as a judge and that a total of nine people are appointed by the President.

In paragraph 3, three of the judges of the Constitutional Court shall be selected by the National Assembly, and the three shall be appointed by the Chief Justice of the Supreme Court. This means the division of three government powers between the executive, judicial and legislative branches.

The President of the Republic, with the consent of the National Assembly, appoints the President of the Constitutional Court as the Constitutional Court judge.

Article 112 of the Constitution stipulates the term of the members of the Constitutional Court, its limitations, and the things to be observed.

Clause 1 states the term of the judge of the Constitutional Court. The term of the members of the Constitutional Court is six years and it is stipulated that it can be renewed by the law.

Section 2 specifies what the judges of the Constitutional Court must observe. The judges of the Constitutional Court declare that they can not join political parties and can not engage in politics.

Section 3 sets out the terms and conditions of the Constitutional Court's jurisdiction. The judges of the Constitutional Court declare that they are not excluded unless they are impeached or sentenced to a sentence of more than an imprisonment without prison labor.

Article 113 of the Constitution specifies the powers of the Constitutional Court.

Paragraph 1 stipulates the judgment of the Constitutional Court. It is stipulated that there should be more than 6 judges in case of the unconstitutional decision of law, the decision of impeachment, the decision of dissolution of the political party, or constitutional appeal decision.

Paragraph 2 of the Constitution provides for the rule-making powers of the Constitutional Court. The Constitutional Court may establish rules on judicial procedures, internal discipline, and administrative proceedings, as long as they do not conflict with the law.

Paragraph 3 stipulates that the law requires the organization and operation of the Constitutional Court and other necessary matters. This law is the Constitutional Court Act.[14]