The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987.
Background
The Provisional Charter of 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", 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. Promulgated in 1919, the charter first gave the country the "Republic of Korea" name and laid out the ideas forming the backbone of later South Korean constitutions.
These ten articles are: The Republic of Korea is a democratic republic. The Provisional Government governs the Republic of Korea under resolutions of the Provisional Assembly. All citizens of the Republic of Korea are equal without regard for gender, wealth and stratum. All citizens of the Republic of Korea have freedom of religion, press, publication, association, assembly, petition and personal property. Qualifying citizens of the Republic of Korea have a right to vote and to be elected. Citizens of the Republic of Korea have duties of education, taxation and military service. 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. The Republic of Korea will extend benevolent treatment to the former imperial family. Capital punishment, corporal punishment and licensed prostitution are forbidden. The Provisional Government will convene the National Assembly within 10 years after restoration of territory.
History
South Korea's first 1948 Constitution, drafted by Dr. Chin-O Yu (Hangul: 유진오; Hanja 兪鎭午), framed a presidential system mixed with a parliamentary system. It gave the president to act as the head of state, be elected indirectly by the National Assembly, and share executive power with the cabinet. The Constitutional Charter of the Provisional Government of the Republic of Korea of 1919 became the forerunner of 1948 Constitution.
The 1948 Constitution was first amended in 1952 ahead of Syngman Rhee's re-election, providing for direct presidential elections and a bicameral legislature. It was passed with procedural irregularities after fierce debate. In 1954, Rhee again forced an amendment, removing term limits for himself and emphasizing a capitalistic economic model.
Rhee was overthrown in 1960 following widespread protests against his increasingly authoritarian rule. Partly in response to Rhee's abuses, the Second Republic turned to a parliamentary system. The 1960 Constitution provided for a figurehead president, a bicameral legislature, a cabinet headed by a prime minister, an election commission, and a constitutional court. It also provided for elections for supreme court justices and provincial governors, as well as natural law-based individual rights.
With the May 16 coup of Park Chung Hee in 1961, the 1960 version was nullified, and in 1962, the Third Republic's Constitution was passed. The document returned to a presidential system. It had a number of similarities to the United States Constitution, such as presidential elections held by the National Assembly in the event of a tie and carrying out judicial review by the ordinary Supreme Court instead of a specialized Constitutional Court, though in practice military government would continue in some form until democratization. In 1972, Park extended his rule with the Fourth Republic's constitution, called the Yushin Constitution, which gave the president sweeping (almost dictatorial) powers and permitted him to run for an unlimited number of six-year terms.
After Park was assassinated in 1979, the Fifth Republic began with the 1980 Constitution under President Chun Doo-hwan. The president's powers were curbed somewhat. He was limited to a single seven-year term, with no possibility of reelection. As with the Yushin Constitution, it provided for a presidential electoral college and a semi-presidential system of government. Critically, however, the President retained the right to suspend civil liberties and rule by decree.