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 Ratified: January 18, 1973 The Civil Aviation Convention: 1971 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
Nuclear Terrorism Convention: 2005 International Convention for the Suppression of Acts of Nuclear Terrorism 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
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.