Constitution & Government
The Republic of Korea exercises a democratic form
of government based on a system of checks and balances.
The Constitution was first adopted in 1948, when
the Republic was established, and has since been
revised nine times as the country has struggled
to refine and strengthen its democracy. In its present
form, the Constitution guarantees all Korean citizens
the same basic rights and freedoms. These include,
but are not limited to, equality before the law,
freedom from arbitrary arrest, freedom of residence,
the right to vote and hold public office, the right
to privacy, and freedoms of religion, speech, and
assembly, as well as the right to a clean environment
and to the pursuit of happiness. It also provides
for various economic rights, such as the right to
own property, the right (as well as the duty) to
work, freedom of occupation, and the right of workers
to engage in collective bargaining so as to obtain
optimum wages and working conditions.
The most recent revision of the Constitution
provided, among other things, for the direct election
of the President for a single five-year term and
for the institution of a system of local autonomy,
which had been absent for 30 years. These two
provisions are vital to the strengthening of democratic
institutions in the Republic. The revision also
reinstated the right of the National Assembly
to conduct regular inspections of all state affairs,
as a legislative check against the power of the
executive branch. Finally, it charges the Government
to seek to reunify the Korean Peninsula, which
mandate has been vigorously pursued under the
administration of President Roh, Moo-hyun.
The Government consists of three branches: the
legislature, in the form of a unicameral National
Assembly; the judiciary, consisting of a system
of district and appellate courts under the umbrella
of the Supreme Court; and the executive, headed
by the President, who is both Head of State and
Commander-in-Chief of the Armed Forces. The President
is assisted by the Prime Minister and the State
Council.
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