REPUBLIC OF KOREA
CONSTITUTION
The Republic of Korea (South Korea) is located on the southern
portion of the Korean Peninsula. The northern portion of the peninsula is
currently a separate country, the Democratic People’s Republic of Korea
(North Korea). Prior to the end of World War II, the Korean Peninsula was
unified under one government.
In 1910, the Japanese annexed the Korean Peninsula and the region
remained under Japanese rule until Japan was defeated by the Allies in
1945. In 1948, as part of Allied brokering of Japan’s surrender and the
conclusion of war in the Pacific, the United Nations divided the Korean into
two separate territories along the 38th Parallel. The Soviet Union
administered the Korean Peninsula north of the 38th parallel, and the United
States administered the Peninsula south of the parallel. This division
resulted in the Korean War from 1950 to 1953. When the Korean War
ended, North Korea never signed the Armistice and tensions between
North Korea and South Korea remain high. The 38th parallel is currently a
Demilitarized Zone.
South Korea has struggled with periods of democratic and autocratic
rule. Political instability resulted in four different constitutions and
numerous amendments before the current Constitution took effect on
February 25, 1998. The 1998 Constitution declares the country a
democratic republic and states that Korea shall seek “unification” with North
Korea.
The Constitution establishes the governmental structure of modern
South Korea. The executive branch is headed by the President and Prime
Minister, balanced with a unicameral legislature and judicial system.
EXECUTIVE AUTHORITY
The President of South Korea is elected directly by popular vote for a
term of five years. The President may not be reelected. The President is
charged with appointment of the Prime Minister, but the President
considers the wishes of the National Assembly in the selection. The
President also appoints the members of the Cabinet and members of the
judiciary. Similar to other nations, the President of South Korea is the chief
executive officer and he is the commander of the armed forces. The
National Assembly can block any of the President’s decisions by immediate
vote.
The Blue House is the official residence and executive office of the
President of South Korea.
LEGISLATIVE BODY
South Korea’s unicameral legislature meets in Seoul and is known as
the National Assembly. The Constitution provides that there must be a
minimum of 200 representatives to the National Assembly, and currently
299 Koreans represent their home districts to the National Assembly.
Terms in the National Assembly last for four years. Representatives must
be at least thirty years of age to serve in the National Assembly.
The Grand National Party is currently the majority party in Korea’s
National Assembly, followed by the Democratic Party.
JUDICIAL SYSTEM
Korea has a three tiered judicial system with the Supreme Court and
the Constitutional Court at the top, the High Courts beneath them, and the
District Courts are the lowest level courts. Korea also has specialized
Municipal, Family and Administrative courts.
The Supreme Court has appellate jurisdiction over all other Korean
courts. The president appoints the Chief Justice. On the recommendation
of the Chief Justice, the president appoints up to 13 other justices of the
Supreme Court with the approval of the National Assembly. Justices
cannot be removed absent incapacity and serve renewable six-year terms.
The Constitutional Court was established in 1988 to review the
constitutionality of Korean laws and interpret the Constitution. Since 2004,
the Court has found over 400 laws to be unconstitutional.
The High Courts have appellate jurisdiction over the District Courts.
They sit in panels of three judges. There are six High Courts in Korea.
The District Courts are Korea’s courts of general jurisdiction. These
courts hear both civil and criminal matters. Most cases are brought before
a single judge. In 2008 South Korea adopted a type of jury system for
certain criminal cases. The system, although similar in some ways to the
American jury systems, has many unique characteristics. From 2008 until
2012, juries will provide only advisory verdicts to the court, and court will be
free to accept or reject the verdict. In 2012 the system will be reviewed by
a committee overseen by the Supreme Court, and a decision made to
keep, amend, or repeal jury trials. If the Court keeps the present system of
jury trials, the verdicts will likely become binding on the courts.
IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS
The Republic of Korea has ratified twelve of the sixteen United
Nations international legal instruments against terrorism.
Ratified
Yet to be Ratified
The Aircraft Convention: 1963
Convention on Offences and Certain
Other Acts Committed on Board
Aircraft
Ratified: February 19, 1971
The Unlawful Seizure Convention:
1970 Convention for the
Suppression of Unlawful Seizure of
Aircraft
R
atified
anuary 18,
1973
The
Civil: JAviation
Convention:
1971
Nuclear Terrorism Convention: 2005
International Convention for the
Suppression of Acts of Nuclear
Terrorism
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation
Ratified: August 2, 1973
The Diplomatic Agents Convention:
1973 Convention on the Prevention
and Punishment of Crimes Against
Internationally Protected Persons
Ratified: May 25, 1983
Hostages Convention: 1979
International Convention against the
Taking of Hostages
Ratified: May 4, 1983
Nuclear Materials Convention: 1980
Convention on the Physical
Protection of Nuclear Material
Ratified: April 7, 1982
Airport Protocol and Montreal
Convention on Air Safety: 1988
Protocol for the Suppression of
Unlawful Acts of Violence at Airports
Serving International Civil Aviation,
supplementary to the Convention for
the Suppression of Unlawful Acts
against the Safety of Civil Aviation
Ratified: June 27, 1990
2005 Amendment to the Convention
on the Physical Protection of
Nuclear Material
2005 Protocol to the Convention for
the Suppression of Unlawful Acts
against the Safety of Maritime
Navigation
2005 Protocol for the Suppression of
Unlawful Acts against the safety of
fixed platforms located on the
Continental Shelf
Ratified
Yet to be Ratified
Maritime Convention: 1988
Convention for the Suppression of
Unlawful Acts against the Safety of
Maritime Navigation and the 2005
Protocol to the Convention for the
Suppression of Unlawful Acts
against the Safety of Maritime
Navigation
Ratified: May 14, 2003
Fixed Platform Protocol: 1988
Protocol for the Suppression of
Unlawful Acts Against the Safety of
Fixed Platforms Located on the
Continental Shelf and the 2005
Protocol to the Protocol for the
Suppression of Unlawful Acts
against the Safety of Fixed Platforms
Located on the Continental Shelf
Ratified: June 10, 2003
Plastic Explosives Convention: 1991
Convention on the Marking of Plastic
Explosives for the Purpose of
Detection
Ratified: January 2, 2002
Terrorist Bombing Convention: 1997
International Convention for the
Suppression of Terrorist Bombings
Ratified: February 17, 2004
Terrorist Financing Convention:
1999 International Convention for
the Suppression of the Financing of
Terrorism
Ratified: February 17, 2004
In addition, Korea is working to implement UN Resolutions 1373 and
1624 and has made six reports to the United Nations CTC on the county’s
progress. Most recently, legislation is pending in Korea that would further
criminalize the creation of terrorist groups. Additionally, Korea is drafting
legislation that would outlaw contact with terrorist groups, funding terrorist
groups and support of terrorist activities. Additional anti-terrorism
legislation is focused on civil air safety and security, information gathering,
currency tracking and reporting and anti-money laundering legislation.
Korea is working to increase the security of its ports and container
shipping. The country is cooperating with the United States, Russian,
Japanese and Indian Coast Guards in this effort.
CORRUPTION AND GOVERNANCE
The Global Corruption Perceptions Index ranks Korea 39th out of the
178 countries studied. Still, 48% of Koreans report paying a bribe in the
last year and 32% of Koreans say corruption in the country is on the rise.
Korea’s governance indicators generally fall in between the 50th and
90th percentile. The effectiveness of Korea’s government is ranked very
high, yet political stability is the lowest value indicator.