Constitution and Government
FACTS ABOUT
Constitution and Government 정부
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Constitution Executive, Legislative, and the Judiciary Independent Organizations Local Government International Relations
7 Government 정부
The government of the Republic of Korea was launched on August 15, 1948. Three months earlier, the first members (198) of the National Assembly had been elected in the country’s first general election held under UN supervision. On July 17 of the same year, the first National Assembly promulgated the Constitution. Its members elected Rhee Syngman as the first President on July 20. Rhee Syngman was widely known both in and out of the country as a leader of the country’s independence movement. The 3rd UN General Assembly held in Paris in December of that year passed a resolution that the government established in the south of the 38th parallel was the only legitimate government on the Korean Peninsula.
Constitution The country’s Constitution was promulgated on July 17, 1948 after a month and half of work for its enactment. The government observes it as a national holiday. The first amendment to the Constitution was made in July 1952, while the 9th and last amendment was passed by referendum on October 27, 1987. The country’s Constitution adopts liberal democracy as the basic principle of governance. The Constitution guarantees the people’s freedom and rights under various laws. It also guarantees 226
equal opportunities in all sectors, including politics, economy, society and culture, and recognizes the necessity of establishing a welfare state. The Constitution also stipulates that all people have the obligation to pay taxes, engage in national defense, educate their children, and work. The Constitution states that the country should endeavor to maintain international peace. It stipulates that international treaties signed by the country and generally accepted international laws have the same effects as domestic laws. Under the Constitution, the status of aliens is guaranteed in accordance with international laws and treaties.
Executive, Legislative, and the Judiciary The National Assembly is an institution that represents the people’s opinions. All the laws of the country are made by the National Assembly. At present, the National Assembly has 300
Seats of the 19th National Assembly Occupied by Political Parties Independent (3) Justice Party (5)
Saenuri Party (160)
The 19th National Assembly New Politics Alliance for Democracy (130) (2015,6)
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fixed member, each of whom is elected for a term of four years. The National Assembly is composed of 246 members elected in local constituencies and 54 members elected by political parties for the purpose of proportional representation. The latter are meant for vocational representation. At present, the ruling party is the Saenuri Party, as it has the largest number of seats at the
Government Organization Chart President
• The Board of Audit and Inspection of Korea
• Korea Communications Commission
• National Intelligence Service
Prime Minister
• Ministry of Public Safety and Security
• Korea Fair Trade Commission
• Ministry of Personnel Management
• Financial Services Commission
• Ministry of Government Legislation
• Anti-corruption and Civil Rights
• Ministry of Patriots and Veterans Affairs
Commission of Korea
• Ministry of Food and Drug Safety
• Nuclear Safety and Security Commission
Ministry of Strategy and Finance
Ministry of Education
Ministry of Science, ICT and Future Planning
Ministry of Foreign Affairs
Ministry of Unification
Ministry of Justice
Ministry of National Defense
Ministry of Government Administration and Home Affairs
Ministry of Culture, Sports and Tourism
Ministry of Agriculture, Food and Rural Affairs
Ministry of Trade, Industry and Energy
Ministry of Health and Welfare
Ministry of Environment
Ministry of Employment and Labor
Ministry of Gender Equality and Family
Ministry of Land, Infrastructure and Transport
Ministry of Oceans and Fisheries
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National Assembly. The leading opposition party is the New Politics Alliance for Democracy. The first National Assembly was launched in May 1948. The members of the current 19th National Assembly (May 2012 – May 2016) were elected in the election held in April 2012. The National Assembly building is located in Yeouido near the Hangang River that flows through Seoul. The executive right of the government is exercised by the Executive Branch headed by the President. At present, the President is elected through a direct election for a term of five years. Under the Constitution, the President cannot be reelected for a second term. The current President Park Geun-hye was elected as the country’s first female president in December 2012 and was inaugurated in February 2013. The Cabinet Meeting, in which the President and the Prime Minister serve as the Chair and the Vice Chair, respectively, deliberates on important policies under the rights accorded to the Executive Branch of the government. In the absence of the President, the Prime Minister controls the ministries of the government on his/her behalf. At present, the Executive Branch of the government operates two boards, five offices, twenty two ministries, sixteen administrations, and six committees. The Judiciary Branch of the government is composed of the Supreme Court, appellate courts, district courts, family courts, administrative courts, and the patent court among others. The Supreme Court Chief Justice is appointed by the President with the consent of the National Assembly, and other Supreme Court justices are appointed by the President upon the recommendation of the Chief Justice. The term for the Chief Justice and justices is six years. 229
Presidents
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Park Geun-hye
Lee Myung-bak
Roh Moo-hyun
18th President (2013 - )
17th President (2008-2013)
16th President (2003-2008)
Kim Dae-jung
Kim Young-sam
Roh Tae-woo
Chun Doo-hwan
15th President (1998-2003)
14th President (1993-1998)
13th President (1988-1993)
11th and 12th President (1980-1988)
Choi Kyu-hah
Park Chung-hee
Yun Bo-seon
Rhee Syngman
10th President (1979-1980)
5th, 6th, 7th, 8th, and 9th President (1963-1979)
4th President (1960-1962)
1st, 2nd and 3rd President (1948-1960)
Independent Organizations Besides the Executive, Legislative, and Judiciary Branches of the government, a number of other agencies carry out their respective independent functions. The Constitutional Court has the right to review whether a specific law is unconstitutional, to judge an appeal for the impeachment of a high-ranking official, and decide on the disbandment of a political party under the Constitution. The Constitutional Court is composed of three judges appointed by the President, three judges appointed by the National Assembly, and three judges appointed by the Supreme Court Chief Justice. The President of the Constitutional Court is appointed by the President with the consent of the National Assembly. The National Election Commission handles matters associated with elections, fair management of referendums, political parties, and political funds. A member of the commission is not allowed to join a specific political party or engage in political activities. Their term is six years. The chairman is elected from among the members. The National Human Rights Commission of Korea (NHRCK) performs the role of respecting and realizing the dignity and values of human beings as sovereign individuals by protecting and promoting their basic rights. The commission was launched in November 2001 in light of the people’s earnest desire for improvement of the country’s human rights conditions expressed during the democratization process. The commission also handles cases concerning human rights infringement or discrimination involving a foreigner residing or working in the country. 231
Sejong Special SelfGoverning City This is the country’s 17th high-level local government. It was launched in July 2012 with a view to solving the problem of overpopulation in the Greater Seoul area by distributing the functions nationwide as well as to promoting the balanced development of national land and decentralization. The central government’s 17 ministries will move from Seoul to the said city by the end of 2014.
Local Government The country adopted the local autonomous system in June 1995. The Local Autonomy Act was enacted in 1949, but local autonomy was not implemented during the period of political upheaval, including the Korean War, the April 1960 Student Revolution, the May 1961 Coup d’état. Local governments are divided into high-level and lowlevel local governments. With the inclusion of Sejong Special Autonomous City in July 2012, the number of high-level local governments was increased to seventeen (i.e. Seoul Special City, six metropolises, eight provinces, and Jeju Special Self-Governing Province). The number of low-level local governments stands at 227 (i.e. si/gun/gu). The heads of local governments and councilors are elected through direct election. The term for local government heads is four years, and they can be reelected for up to three terms. There is no limit on how many terms a local councilor may serve. The local autonomous system is very significant as a means of realizing the goal of grassroots democracy through local residents’ participation.
International Relations South Korea strives to promote friendly and cooperative relations with other countries. By July 2012, the country had established diplomatic relations with 189 countries, operating permanent embassies in 112 countries, in addition to 42 consular offices and 4 representative offices. In the past, the country’s diplomacy focused on western countries, including the United States, but it has pushed ahead with diversified 232
Local Governments
Provincial Governments 9
Gyeonggi-do
Office Location: Suwon Population: 1.22 million Land area: 10,171km2 www.gg.go.kr 10
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5 13 6 16 7
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Seoul
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Incheon
Office Location: Jeonggak-ro, Namdong-gu Population: 2.88 million Land area: 1,041km2 www.incheon.go.kr 3
Daejeon
Office Location: Dunsan-ro, Seo-gu Population: 1.53 million Land area: 540km2 www.daejeon.go.kr 4
Gwangju
Office Location: Naebang-ro, Seo-gu Population: 1.47 million Land area: 501km2 www.gwangju.go.kr
Chungcheongbuk-do
Office Location: Cheongju Population: 1.57 million Land area: 7,406km2 www.cb21.net
Jeollabuk-do
Office Location: Jeonju Population: 1.87 million Land area: 8,067km2 www.jeonbuk.go.kr
Metropolitan Governments Office Location: Sejong-daero, Jung-gu Population: 10.14 million Land area: 650km2 www.seoul.go.kr
Chungcheongnam-do
Office Location: Hongseong Population: 2.05 million Land area: 8,204km2 www.chungnam.net
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Gangwon-do
Office Location: Chuncheon Population: 1.54 million Land area: 16,874km2 www.provin.gangwon.kr
5 Daegu Office Location: Gongpyeong-ro, Jung-gu Population: 2.50 million Land area: 884km2 www.daegu.go.kr 6
Ulsan
Office Location: Jungang-ro, Nam-gu Population: 1.16 million Land area: 1,060km2 www.ulsan.go.kr 7
Busan
Office Location: Jungang-daero, Yeonje-gu Population: 3.53 million Land area: 770km2 www.busan.go.kr 8
Sejong
Office Location: Guncheong-ro, Jochiwon-eup Population: 120,000 Land area: 465km2 www.sejong.go.kr
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Jeollanam-do
Office Location: Muan Population: 1.91 million Land area: 12,267km2 www.jeonnam.go.kr 15
Gyeongsangbuk-do
Office Location: Daegu Population: 2.7 million Land area: 19,029km2 www.gyeongbuk.go.kr 16
Gyeongsangnam-do
Office Location: Changwon Population: 3.33 million Land area: 10,535km2 www.gsnd.net 17
Jeju Special SelfGoverning Province
Office Location: Jeju Population: 590,000 Land size: 1,849km2 www. jeju.go.kr
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South Koreans serve the world as members of the international community through international cooperation carried out at the government level and through private organizations’ voluntary activities.
diplomacy through brisk exchanges even with socialist countries,
(Photo: South Korean COPION volunteers with locals in Kathmandu, Nepal)
the UN in 1991, and joined the OECD in 1996. The country has
since the end of the 1980s. The country is committed to carrying out positive activities as a member of diverse international organizations such as UNESCO, IMF, APEC, IAEA, ILO, WHO. South Korea became a member of also carried out activities as a member of the IOC since 1947. International Cooperation South Korea does its best in the sector of international cooperation in keeping with its enhanced economic strength. The country takes part in programs designed to provide support for impoverished countries through the World Bank, the IMF, and the OECD. Recently, the country has also joined worldwide efforts
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for peacekeeping, global economic stabilization, environmental conservation, etc. South Korea chaired the G20 Summit held in Seoul in November 2010, confirming its status as a leading country, under the slogan “Shared Growth Beyond Crisis.” Observers said that the country dealt with the foreign exchange issue, which was a core agenda concerning the then current global economic crisis, very efficiently. The Seoul event was the fifth G20 Summit and the first one held in Asia. The Nuclear Security Summit Seoul 2012 was another event that showed the status of South Korea as a central country in the struggle for world peace. The Seoul event was held to discuss how to protect countries’ nuclear facilities, including power plants, and how to organize international cooperation to block nuclear terror attempts. It was the second nuclear securityrelated summit after the one held in Washington DC in April 2010. At the Seoul event, the participating countries adopted the 11-item Seoul Communique about concrete methods of implementing nuclear security. South Korea is enhancing its status in the international community by achieving noticeable results in the Green Growth sector. Leading examples of such initiatives include the opening of the headquarters of the UN Green Climate Fund (GCF) in Seoul and the transformation of the Global Green Growth Institute (GGGI) into an international body. The GGGI, which was launched in June 2010 with the South Korean government playing a central role, had its status upgraded as an international body based in Seoul at the United Nations Conference on Sustainable Development (Rio+20) held in June 2012 in Rio de Janeiro, 235
Brazil. It is expected that the GGGI will be able to contribute greatly to the development of the international community as an international corporation.
The GCF is called the World Bank of the Environmental Sector. It is the first international financial institution that South Korea succeeded in attracting to Songdo, Incheon (in October 2012). At the 16th session of the conference of the parties to the UNFCCC held in Cancun, Mexico in 2010, the participants agreed to the establishment of the said fund. (Photo: Central Park in Songdo International City, Incheon)
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Provision of Support for Developing Countries “In only half a century, South Korea transformed itself from one of the most impoverished countries in the world into a developed country capable of providing aid to others. Given this phenomenal success story, South Korea was a fitting host for the High Level Forum on Aid Effectiveness, the largest-scale international meeting in the development and cooperation sector, which was held in Busan in November 2011. South Korea’s foreign aid programs are coordinated by the Korea International Cooperation Agency (KOICA). This body was
established in 1991, and organizes programs designed to provide support for developing countries and to share South Korea’s own development experience. KOICA provides ODA (Official Development Assistance) of US$400-500 million annually to developing countries in Asia and Africa; these funds contribute to numerous areas, including education, health, agriculture/ forestry/fisheries, public administration, and industrial energy, among others. South Korea is also actively trying to improve governance in developing countries by training public officials. The Central Officials Training Institute provides education in many disciplines, including leadership, personnel management, economic and industrial planning, and rural development (modeled on South Korea’s New Community Movement of the 1970s). A total of 1,500 foreign officials have attended these courses since 1984. South Korea is also pleased to be making a contribution to world peace and security through taking part in a wide variety of UN peacekeeping operations and by supporting the UN peacekeeping budget. Currently, South Korean troops are stationed in eight countries including Lebanon, South Sudan, India, Pakistan, and West Sahara, where they are tasked with the maintenance of order, rehabilitation, medical services, and other activities
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