Constitution of the Republic of Korea: July 12, 1948 (as Amended to October 29, 1987)
Constitution of South Korea
We, the people of Korea, proud of a resplendent history and traditions dating from time immemorial, upholding the cause of the Provisional Republic of Korea Government born of the March First Independence Movement of 1919 and the democratic ideals of the April Nineteenth Uprising of 1960 against injustice, having assumed the mission of democratic reform and peaceful unification of our homeland and having determined to consolidate national unity with justice, humanitarianism and brotherly love, and
To destroy all social vices and injustice, and
To afford equal opportunities to every person and provide for the fullest development of individual capabilities in all fields, including political, economic, social and cultural life by further strengthening the basic free and democratic order conducive to private initiative and public harmony, and
To help each person discharge those duties and responsibilities concomitant to freedoms and rights, and
To elevate the quality of life for all citizens and contribute to lasting world peace and the common prosperity of mankind and thereby to ensure security, liberty and happiness for ourselves and our posterity forever,
Do hereby amend, through national referendum following a resolution by the National Assembly, the Constitution, ordained and established on the Twelfth Day of July anno Domini Nineteen hundred and forty-eight, and amended eight times subsequently.
Chapter I General Provisions
The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands.
The Republic of Korea shall seek unification and shall formulate and carry out a policy of peaceful unification based on the principles of freedom and democracy.
(1) The Republic of Korea shall endeavor to maintain international peace and shall renounce all aggressive wars.
(1) Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea.
(1) All public officials shall be servants of the entire people and shall be responsible to the people.
(1) The establishment of political parties shall be free, and the plural party system shall be guaranteed.
(2) Political parties shall be democratic in their objectives, organization and activities, and shall have the necessary organizational arrangements for the people to participate in the formation of the political will.
(3) Political parties shall enjoy the protection of the State and may be provided with operational funds by the State under the conditions as prescribed by statute.
Chapter II Rights and Duties of Citizens
All citizens shall be assured of human dignity and worth and have the right to pursue happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals.
(1) All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status.
(1) All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized or interrogated except as provided by statute. No person shall be punished, placed under preventive restrictions or subject to involuntary labor except as provided by statute and through lawful procedures.
(3) Warrants issued by a judge through due procedures upon the request of a prosecutor shall be presented in case of arrest, detention, seizure or search. However, in cases where a criminal suspect is caught in the act, or where there is danger that a person suspected of committing a crime punishable by imprisonment of three years or more may escape or destroy evidence, the investigative authorities may request an ex post facto warrant.
(4) Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by statute.
(5) No person shall be arrested or detained without being informed of the reason therefore and of his right to assistance of counsel. The family, etc., as designated by statute, of a person arrested or detained shall be notified without delay of the reason for and the time and place of the arrest or detention.
(6) Any person who is arrested or detained, shall have the right to request the court to review the legality of the arrest or detention.
(7) In a case where a confession is deemed to have been made against a defendant's will due to torture, violence, intimidation, unduly prolonged arrest, deceit or etc., or in a case where a confession is the only evidence against a defendant in a formal trial, such a confession shall not be admitted as evidence of guilt, nor shall a defendant be punished by reason of such a confession.
(1) No citizen shall be prosecuted for an act which does not constitute a crime under the statute in force at the time it was committed, nor shall he be placed in double jeopardy.
(2) No restrictions shall be imposed upon the political rights of any citizen, nor shall any person be deprived of property rights by means of retroactive legislation.
All citizens shall be free from intrusion into their place of residence. In case of search or seizure in a residence, a warrant issued by a judge upon request of a prosecutor shall be presented.
(1) All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association.
(2) Licensing or censorship of speech and the press, and licensing of assembly and association shall not be recognized.
(3) The standards of news service and broadcast facilities and matters necessary to ensure the functions of newspapers shall be determined by statute.
(1) The right of property of all citizens shall be guaranteed. The contents and limitations thereof shall be determined by statute.
All citizens shall have the right to hold public office under the conditions as prescribed by statute.
(1) All citizens shall have the right to petition in writing to any governmental agency under the conditions as prescribed by statute.
(1) All citizens shall have the right to be tried in conformity with the law by judges qualified under the Constitution and statute.
(2) Citizens who are not on active military service or employees of the military forces shall not be tried by a court martial within the territory of the Republic of Korea, except in case of crimes as prescribed by statute involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military articles and facilities and in the case of the proclamation of extraordinary martial law.
(3) All citizens shall have the right to a speedy trial. The accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary.
In a case where a criminal suspect or an accused person who has been placed under detention is not indicted as provided by statute or is acquitted by a court, he shall be entitled to claim just compensation from the State under the conditions as prescribed by statute.
(1) In case a person has sustained damages by an unlawful act committed by a public official in the course of official duties, he may claim just compensation from the State or public organization under the conditions as prescribed by statute. In this case, the public official concerned shall not be immune from liabilities.
(2) In case a person on active military service or an employee of the military forces, a police official or others as prescribed by statute sustains damages in connection with the performance of official duties such as combat action, drill and so forth, he shall not be entitled to a claim against the State or public organization on the grounds of unlawful acts committed by public officials in the course of official duties, but shall be entitled only to compensations as prescribed by statute.
Citizens who have suffered bodily injury or death due to criminal acts of others may receive aid from the State under the conditions as prescribed by statute.
(1) All citizens shall have an equal right to receive an education corresponding to their abilities.
(2) All citizens who have children to support shall be responsible at least for their elementary education and other education as provided by statute.
(4) Independence, professionalism and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed under the conditions as prescribed by statute.
(1) All citizens shall have the right to work. The State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system under the conditions as prescribed by statute.
(2) All citizens shall have the duty to work. The State shall prescribe by statute the extent and conditions of the duty to work in conformity with democratic principles.
Standards of working conditions shall be determined by statute in such a way as to guarantee human dignity.
(3) Special protection shall be accorded to working women, and they shall not be subjected to unjust discrimination in terms of employment, wages and working conditions.
(1) To enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action.
(2) Only those public officials who are designated by statute, shall have the right to association, collective bargaining and collective action.
(4) The State shall have the duty to implement policies for enhancing the welfare of senior citizens and the young.
(5) Citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the State under the conditions as prescribed by statute.
(1) All citizens shall have the right to a healthy and pleasant environment. The State and all citizens shall endeavor to protect the environment.
(1) Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the State shall do everything in its power to achieve that goal.
(1) Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution.
All citizens shall have the duty to pay taxes under the conditions as prescribed by statute.
Chapter III The National Assembly
(1) The National Assembly shall be composed of members elected by universal, equal, direct and secret ballot by the citizens.
(2) The number of members of the National Assembly shall be determined by statute, but the number shall not be less than 200.
Members of the National Assembly shall not concurrently hold any other office prescribed by statute.
(1) During the sessions of the National Assembly, no member of the National Assembly shall be arrested or detained without the consent of the National Assembly except in case of flagrante delicto.
No member of the National Assembly shall be held responsible outside the National Assembly for opinions officially expressed or votes cast in the Assembly.
(2) Members of the National Assembly shall give preference to national interests and shall perform their duties in accordance with conscience.
(1) A regular session of the National Assembly shall be convened once every year under the conditions as prescribed by statute, and extraordinary sessions of the National Assembly shall be convened upon the request of the President or one fourth or more of the total members.
(2) The period of regular sessions shall not exceed a hundred days, and that of extraordinary sessions, thirty days.
Except as otherwise provided for in the Constitution or by statute, the attendance of a majority of the total members, and the concurrent vote of a majority of the members present, shall be necessary for decisions of the National Assembly. In case of a tie vote, the matter shall be regarded as rejected.
(1) Sessions of the National Assembly shall be open to the public. However, when it is so decided so by a majority of the members present, or when the Speaker deems it necessary to do so for the sake of national security, they may be closed to the public.
Bills and other matters submitted to the National Assembly for deliberation shall not be abandoned on the ground that they were not acted upon during the session in which they were introduced, except in a case where the term of the members of the National Assembly has expired.
(1) Each bill passed by the National Assembly shall be sent to the Executive, and the President shall promulgate it within fifteen days.
(2) In case of objection to the bill, the President may, within the period referred to in paragraph (1), return it to the National Assembly with written explanation of his objection, and request it be reconsidered. The President may do the same during adjournment of the National Assembly.
(3) The President shall not request the National Assembly to reconsider the bill in part, or with proposed amendments.
(4) In case there is a request for reconsideration of a bill, the National Assembly shall reconsider it, and if the National Assembly repasses the bill in the original form with the attendance of more than one half of the total members, and with a concurrent vote of two thirds or more of the members present, it shall become law.
(5) If the President does not promulgate the bill, or does not request the National Assembly to reconsider it within the period referred to in paragraph (1), it shall become law.
(6) The President shall promulgate without delay the Act as finalized under paragraphs (4) and (5). If the President does not promulgate an Act within five days after it has become law under paragraph (5), or after it has been returned to the Executive under paragraph (4), the Speaker shall promulgate it.
(2) The Executive shall formulate the budget bill for each fiscal year and submit it to the National Assembly within ninety days before the beginning of a fiscal year. The National Assembly shall decide upon it within thirty days before the beginning of the fiscal year.
(3) If the budget bill is not passed by the beginning of the fiscal year, the Executive may, in conformity with the budget of the previous fiscal year, disburse funds for the following purposes until the budget bill is passed by the National Assembly:
The maintenance and operation of agencies and facilities established by the Constitution or statute;
Execution of the obligatory expenditures as prescribed by statute; and
Continuation of projects previously approved in the budget.
(1) In a case where it is necessary to make continuing disbursements for a period longer than one fiscal year, the Executive shall obtain the approval of the National Assembly for a specified period of time.
When it is necessary to amend the budget, the Executive may formulate a supplementary revised budget bill and submit it to the National Assembly.
The National Assembly shall, without the consent of the Executive, neither increase the sum of any item of expenditure nor create any new items of expenditure in the budget submitted by the Executive.
When the Executive plans to issue national bonds or to conclude contracts which may incur financial obligations on the State outside the budget, it shall have the prior concurrence of the National Assembly.
(1) The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters.
(1) The National Assembly may inspect affairs of state or investigate specific matters of state affairs, and may demand the production of documents directly related thereto, the appearance of a witness in person and the furnishing of testimony or statements of opinion.
(1) The Prime Minister, members of the State Council or government delegates may attend meetings of the National Assembly or its committees and report on the state administration or deliver opinions and answer questions.
(2) When requested by the National Assembly or its committees, the Prime Minister, members of the State Council or government delegates shall attend any meeting of the National Assembly and answer questions. If the Prime Minister or State Council members are requested to attend, the Prime Minister or State Council members may have State Council members or government delegates attend any meeting of the National Assembly and answer questions.
(1) The National Assembly may pass a recommendation for the removal of the Prime Minister or a State Council member from office.
(2) A recommendation for removal as referred to in paragraph (1) may be introduced by one third or more of the total members of the National Assembly, and shall be passed with the concurrent vote of a majority of the total members of the National Assembly.
(1) The National Assembly may establish the rules of its proceedings and internal regulations, provided they are not in conflict with statutory law.
(2) The National Assembly may review the qualifications of its members and may take disciplinary actions against its members.
(3) The concurrent vote of two thirds or more of the total members of the National Assembly shall be required for the expulsion of any member.
(1) In case the President, the Prime Minister, members of the State Council, heads of Executive Ministries, Justices of the Constitutional Court, judges, members of the National Election Commission, the Chairman and members of the Board of Audit and Inspection, and other public officials designated by statute have violated the Constitution or other Acts in the performance of official duties, the National Assembly may pass motions for their impeachment.
(2) A motion for impeachment prescribed in paragraph (1) may be proposed by one third or more of the total members of the National Assembly, and shall require a concurrent vote of a majority of the total members of the National Assembly for passage. A motion for the impeachment of the President shall be proposed by a majority of the total members of the National Assembly and approved by two thirds or more of the total members of the National Assembly.
(3) Any person against whom a motion for impeachment has been passed shall be suspended from exercising his power until the impeachment has been adjudicated.
Chapter IV The Executive
Section 1 The President
(2) The President shall have the responsibility and duty to safeguard the independence, territorial integrity and continuity of the State and the Constitution.
(2) In case two or more persons receive the same largest number of votes in the election as referred to in paragraph (1), the person who receives the largest number of votes in an open session of the National Assembly attended by a majority of the total members of the National Assembly shall be elected.
(3) If and when there is only one presidential candidate, he shall not be elected President unless he receives at least one third of the total eligible votes.
(4) Citizens who are eligible for election to the National Assembly, and who have reached the age of forty years or more on the date of the presidential election, shall be eligible to be elected to the presidency.
(1) The successor to the incumbent President shall be elected seventy to forty days before his term expires.
The President, at the time of his inauguration, shall take the following oath:
"I do solemnly swear before the people that I will faithfully execute the duties of the President by observing the Constitution, defending the State, pursuing the peaceful unification of the homeland, promoting the freedom and welfare of the people and endeavoring to develop national culture."
The term of office of the President shall be five years, and the President shall not be reelected.
If the office of the presidency is vacant or the President is unable to perform his duties for any reason, the Prime Minister or the members of the State Council in the order of priority as determined by statute shall act for him.
The President may submit important policies relating to diplomacy, national defense, unification and other matters relating to the national destiny to a national referendum if he deems it necessary.
The President shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; and declare war and conclude peace.
(1) The President shall be Commander-in-Chief of the Armed Forces under the conditions as prescribed by the Constitution and statute.
The President may issue presidential decrees concerning matters delegated to him by statute with the scope specifically defined and also matters necessary to enforce Acts.
(1) In time of internal turmoil, external menace, natural calamity or a grave financial or economic crisis, the President may take financial and economic measures or issue orders having the force of statutory law which are indispensable to redress the situation, if such action is urgently needed for the maintenance of national security or public peace and order and there is no time to wait for the National Assembly to convene.
(2) In case of major hostilities affecting national security, the President may issue orders having the force of statutory law only when this is required to preserve the integrity of the nation and it is impossible to convene the National Assembly.
(4) In case no approval is obtained, the actions or orders shall lose effect forthwith. In such case, the Acts which were amended or abolished by the orders in question shall automatically be restored in their original form from the moment the orders fail to obtain approval.
(1) When it is necessary to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions prescribed by statute.
(3) Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary under the conditions prescribed by statute.
(4) When the President has proclaimed martial law, he shall notify the proclamation to the National Assembly without delay.
The President shall appoint and dismiss public officials under the conditions as prescribed by the Constitution and statute.
(1) The President may grant amnesty, commutation and restoration of rights under the conditions as prescribed by statute.
The President shall award decorations and other honors under the conditions as prescribed by statute.
The President may attend and address the National Assembly or express his views by written message.
The acts of the President under law shall be executed in writing, and such documents shall be countersigned by the Prime Minister and the members of the State Council concerned. The same shall apply to military affairs.
The President shall not concurrently hold the office of Prime Minister, a member of the State Council, the head of any Executive Ministry, nor other public or private posts as prescribed by statute.
The President shall not be charged with a criminal offense during his tenure of office except for insurrection or treason.
Section 2 The Executive Branch
Sub-Section 1 The Prime Minister and Members of the State Council
(1) The Prime Minister shall be appointed by the President with the consent of the National Assembly.
(2) The Prime Minister shall assist the President and shall direct the Executive Ministries under order of the President.
(1) The members of the State Council shall be appointed by the President on the recommendation of the Prime Minister.
(2) The members of the State Council shall assist the President in the conduct of State affairs and, as constituents of the State Council, shall deliberate on State affairs.
(3) The Prime Minister may recommend to the President the removal of a member of the State Council from office.
Sub-Section 2 The State Council
(1) The State Council shall deliberate on important policies that fall within the power of the Executive.
(2) The State Council shall be composed of the President, the Prime Minister, and other members whose number shall be no more than thirty and no less than fifteen.
The following matters shall be referred to the State Council for deliberation:
Basic plans for state affairs, and general policies of the Executive;
Declaration of war, conclusion of peace and other important matters pertaining to foreign policy;
Draft amendments to the Constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees;
Budgets, settlement of accounts, basic plans for disposal of state properties, contracts incurring financial obligation on the State, and other important financial matters;
Emergency orders and emergency financial and economic actions or orders by the President, and declaration and termination of martial law;
Important military affairs;
Requests for convening an extraordinary session of the National Assembly;
Awarding of honors;
Granting of amnesty, commutation and restoration of rights;
Demarcation of jurisdiction between Executive Ministries;
Basic plans concerning delegation or allocation of powers within the Executive;
Evaluation and analysis of the administration of State affairs;
Formulation and coordination of important policies of each Executive Ministry;
Action for the dissolution of a political party;
Examination of petitions pertaining to executive policies submitted or referred to the Executive;
Appointment of the Prosecutor General, the Chairman of the Joint Chiefs of Staff, the Chief of Staff of each armed service, the presidents of national universities, ambassadors, and such other public officials and managers of important State-run enterprises as designated by statute; and
Other matters presented by the President, the Prime Minister or a member of the State Council.
(1) An Advisory Council of Elder Statesmen, composed of elder statesmen, may be established to advise the President on important affairs of State.
(2) The immediate former President shall become the Chairman of the Advisory Council of Elder Statesmen; if there is no immediate former President, the President shall appoint the Chairman.
(1) A National Security Council shall be established to advise the President on the formulation of foreign, military and domestic policies related to national security prior to their deliberation by the State Council.
(1) An Advisory Council on Democratic and Peaceful Unification may be established to advise the President on the formulation of peaceful unification policy.
(1) A National Economic Advisory Council may be established to advise the President on the formulation of important policies for developing the national economy.
Sub-Section 3 The Executive Ministries
Heads of Executive Ministries shall be appointed by the President from among members of the State Council on the recommendation of the Prime Minister.
The Prime Minister or the head of each Executive Ministry may, under the powers delegated by statute or Presidential Decree, or ex officio, issue ordinances of the Prime Minister or the Executive Ministry concerning matters that are within their jurisdiction.
Sub-Section 4 The Board of Audit and Inspection
The Board of Audit and Inspection shall be established under the direct jurisdiction of the President to inspect and examine the settlement of the revenues and expenditures of the State, the accounts of the State and other organizations specified by statute and the job performances of the executive agencies and public officials.
(1) The Board of Audit and Inspection shall be composed of no less than five and no more than eleven members, including the Chairman.
(2) The Chairman of the Board shall be appointed by the President with the consent of the National Assembly. The term of office of the Chairman shall be four years, and he may be reappointed only once.
The Board of Audit and Inspection shall inspect the closing of accounts of revenues and expenditures each year, and report the results to the President and the National Assembly in the following year.
Chapter V The Courts
(2) The courts shall be composed of the Supreme Court, which is the highest court of the State, and other courts at specified levels.
(2) There shall be Supreme Court Justices at the Supreme Court; judges other than Supreme Court Justices may be assigned to the Supreme Court under the conditions as prescribed by statute.
Judges shall rule independently according to their conscience and in conformity with the Constitution and statute.
(1) The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly.
(2) The Supreme Court Justices shall be appointed by the President on the recommendation of the Chief Justice and with the consent of the National Assembly.
(2) The term of office of the Justices of the Supreme Court shall be six years and they may be reappointed as prescribed by statute.
(3) The term of office of judges other than the Chief Justice and Justices of the Supreme Court shall be ten years, and they may be reappointed under the conditions as prescribed by statute.
(1) No judge shall be removed from office except by impeachment or a sentence of imprisonment without prison labor or heavier punishment, nor shall he be suspended from office, have his salary reduced or suffer any other unfavorable treatment except by disciplinary action.
(1) When the constitutionality of a law is at issue in a trial, the court shall request a decision of the Constitutional Court, and shall judge according to the decision thereof.
(2) The Supreme Court shall have the power to make a final review of the constitutionality or legality of administrative decrees, regulations or actions, when their constitutionality or legality is at issue in a trial.
The Supreme Court may establish, within the scope of statute, regulations pertaining to judicial proceedings and internal discipline and regulations on administrative matters of the court.
Trials and decisions of the courts shall be open to the public. Howeever, when there is a danger that such trials may undermine the national security or disturb public safety and order, or be harmful to public morals, trials may be closed to the public by court decision.
(1) Courts-martial may be established as special courts to exercise jurisdiction over military trials.
(2) The Supreme Court shall have the final appellate jurisdiction over courts-martial.
The organization and authority of courts-martial, and the qualifications of their judges shall be determined by statute.
(3) Military trials under an extraordinary martial law may not be appealed in case of crimes of soldiers and employees of the military; military espionage; and crimes as defined by statute in regard to sentinels, sentry posts, supply of harmful foods and beverages, and prisoners of war, except in the case of a death sentence.
Chapter VI The Constitutional Court
(1) The Constitutional Court shall have jurisdiction over the following matters:
The constitutionality of a law upon the request of the courts;
Dissolution of a political party;
Competence disputes between central government organs, between central government organs and local governments, and between local governments; and
Constitutional complaint as prescribed by statute.
(2) The Constitutional Court shall be composed of nine Justices qualified to be court judges, and they shall be appointed by the President.
(3) Among the Justices referred to in paragraph (2), three shall be appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice of the Supreme Court.
(1) The term of office of the Justices of the Constitutional Court shall be six years and they may be reappointed under the conditions as prescribed by statute.
(2) The Justices of the Constitutional Court shall not join any political party, nor shall they participate in political activities.
(1) When the Constitutional Court makes a decision of the unconstitutionality of a law, a decision of impeachment, a decision of dissolution of a political party or an affirmative decision regarding the constitutional complaint, the concurrence of six Justices or more shall be required.
(2) The Constitutional Court may establish regulations relating to its proceedings and internal discipline and regulations on administrative matters within the limits of statutory legislation.
Chapter VII Election Management
(1) Election commissions shall be established for the purpose of fair management of elections and national referenda, and dealing with administrative affairs concerning political parties.
(2) The National Election Commission shall be composed of three members appointed by the President, three members selected by the National Assembly, and three members designated by the Chief Justice of the Supreme Court. The Chairman of the Commission shall be elected from among the members.
(4) The members of the Commission shall not join political parties, nor shall they participate in political activities.
(5) No member of the Commission shall be expelled from office except by impeachment or a sentence of imprisonment without prison labor or heavier punishment.
(6) The National Election Commission may establish, within the limit of Acts and decrees, regulations relating to the management of elections, national referenda, and administrative affairs concerning political parties and may also establish regulations relating to internal discipline that are compatible with statutory law.
(1) Election commissions at each level may issue necessary instructions to administrative agencies concerned with respect to administrative affairs pertaining to elections and national referenda such as the preparation of the pollbooks.
(1) Election campaigns shall be conducted under the management of the election commissions at each level within the limit set by statute. Equal opportunity shall be guaranteed.
Chapter VIII Local Autonomy
(1) Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes.
Chapter IX The Economy
(1) The economic order of the Republic of Korea shall be based on a respect for the freedom and creative initiative of enterprises and individuals in economic affairs.
(2) The State may regulate and coordinate economic affairs in order to maintain the balanced growth and stability of the national economy, to ensure proper distribution of income, to prevent the domination of the market and the abuse of economic power and to democratize the economy through harmony among the economic agents.
(1) Licenses to exploit, develop or utilize minerals and all other important underground resources, marine resources, water power, and natural powers available for economic use may be granted for a period of time under the conditions as prescribed by statute.
(1) The State shall endeavor to realize the land-to-the-tillers principle with respect to agricultural land. Tenant farming shall be prohibited.
The State may impose, under the conditions as prescribed by statute, restrictions or obligations necessary for the efficient and balanced utilization, development and preservation of the land of the nation that is the basis for the productive activities and daily lives of all citizens.
(1) The State shall establish and implement a plan to comprehensively develop and support the farm and fishing communities in order to protect and foster agriculture and fisheries.
(2) The State shall have the duty to foster regional economies to ensure the balanced development of all regions.
(4) In order to protect the interests of farmers and fishermen, the State shall endeavor to stabilize the prices of agricultural and fishery products by maintaining an equilibrium between the demand and supply of such products and improving their marketing and distribution systems.
The State shall guarantee the consumer protection movement intended to encourage sound consumption activities and improvement in the quality of products under the conditions as prescribed by statute.
Private enterprises shall not be nationalized nor transferred to ownership by a local government, nor shall their management be controlled or administered by the State, except in cases as prescribed by statute to meet urgent necessities of national defense or the national economy.
(1) The State shall strive to develop the national economy by developing science and technology, information and human resources and encouraging innovation.
(3) The President may establish advisory organizations necessary to achieve the purpose referred to in paragraph (1).
Chapter X Amendments to the Constitution
(1) A proposal to amend the Constitution shall be introduced either by a majority of the total members of the National Assembly or by the President.
Proposed amendments to the Constitution shall be put before the public by the President for twenty days or more.
(1) The National Assembly shall decide upon the proposed amendments within sixty days of the public announcement, and passage by the National Assembly shall require the concurrent vote of two thirds or more of the total members of the National Assembly.
(2) The proposed amendments to the Constitution shall be submitted to a national referendum not later than thirty days after passage by the National Assembly, and shall be determined by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly.
(3) When the proposed amendments to the Constitution receive the concurrence prescribed in paragraph (2), the amendments to the Constitution shall be finalized, and the President shall promulgate them without delay.
(1) This Constitution shall enter into force on the twenty-fifth day of February, anno Domini Nineteen hundred and eighty-eight.
(1) The first presidential election under this Constitution shall be held not later than forty days before this Constitution enters into force.
(1) The first elections of the National Assembly under this Constitution shall be held within six months from the promulgation of this Constitution. The term of office of the members of the first National Assembly elected under this Constitution shall commence on the date of the first convening of the National Assembly under this Constitution.
(2) The term of office of the members of the National Assembly incumbent at the time this Constitution is promulgated shall terminate the day prior to the first convening of the National Assembly under paragraph (1).
(1) Public officials and officers of enterprises appointed by the Government, who are in office at the time of the enforcement of this Constitution, shall be considered as having been appointed under this Constitution. The public officials whose election procedures or appointing authorities are modified by this Constitution, the Chief Justice of the Supreme Court and the Chairman of the Board of Audit and Inspection shall remain in office until such time as their successors are chosen under this Constitution, and their terms of office shall terminate the day before the installation of their successors.
(2) Judges attached to the Supreme Court who are not the Chief Justice or Justices of the Supreme Court and who are in office at the time of the enforcement of this Constitution shall be considered as having been appointed under this Constitution notwithstanding the proviso of paragraph (1).
(3) Those provisions of this Constitution which prescribe the terms of office of public officials or which restrict the number of terms that public officials may serve, shall take effect upon the dates of the first elections or the first appointments of such public officials under this Constitution.
Acts, decrees, ordinances and treaties in force at the time this Constitution enters into force, shall remain valid unless they are contrary to this Constitution.
Those organizations existing at the time of the enforcement of this Constitution which have been performing the functions falling within the authority of new organizations to be created under this Constitution, shall continue to exist and perform such functions until such time as the new organizations are created under this Constitution.