Korean Constitution and System
Constitutional history
The first constitution of the Republic of Korea was adopted in July 2008 1948. The constitution was drafted by jurists in accordance with the principle of bicameral parliament, aiming at establishing a political system with the presidential system as the basic form. Since then, the Constitution of the Republic of Korea has been revised nine times, and the last revision was completed on1October 29th, 1987+65438.
The first constitutional amendment is called "mixed constitutional amendment" because it is a comprehensive amendment proposed by the ruling party and the opposition party respectively. This time, the constitutional amendment passed the direct presidential election law and implemented a bicameral system.
1954 1 1 In June, the constitution was amended for the second time, and only the first president of the Republic of Korea was allowed to serve as president indefinitely. Therefore, Li Chengwan, the first president of the Republic of Korea, sought a fourth president on March 1960.
The third constitutional amendment is to establish a parliamentary system. The Fourth Amendment to the Constitution paved the way for punishing those officials who misbehaved when Li Chengwan was in power.
However, successive governments in Li Chengwan failed to reach a political agreement, which led park chung-hee to launch a military coup in May 196 1. After the successful coup in park chung-hee, the Constitution was amended for the fifth time. The constitutional amendment was drafted by a special committee called the Supreme National Reconstruction Conference. The constitutional amendment adopts the American-style presidential system for judicial review of constitutional protection and the consistency between legislation and the Constitution.
In order to pave the way for the third presidential election, park chung-hee amended the Constitution of the Third Republic. 1972, the seventh constitutional amendment, under the banner of "Korean democracy", produced a powerful presidential system. Park chung-hee's "Revival and Reform" regime collapsed rapidly after the assassination of park chung-hee in 1979.
Cui Guixia's transitional government and the arduous democratic struggle known as the "Seoul Spring" also ended in a military coup. The coup leader Quan Doo-hwan became the 1 1 president of the Republic of Korea. All three of them. Huan government carried out the eighth constitutional amendment, the main content is that the president is elected by the presidential electoral college and can only serve as president for one term, with a term of seven years.
According to the new constitution, Quan Douhuan was re-elected as president, and the next presidential election is scheduled for 1987. The ninth constitutional amendment was adopted by the ruling party and the opposition party in a cooperative referendum, and the contents of the amendment can be found in the current constitution.
The sixth Constitution of the Republic of Korea restored the system of direct election of the president and the stipulation that the term of office of the president can not be re-elected for five years, and established the Constitutional Court to protect human rights. This constitution has been used to this day, and two consecutive governments have handed over power peacefully. Especially in South Korea 1997 presidential election, the opposition presidential candidate Kim Dae-jung won, and the political power was transferred to an opposition party, which is the first time in the history of Korean constitution.
form
The current constitution is the first step towards full democratization in the Republic of Korea. Apart from the legislative procedure of amending the Constitution, many substantial changes have attracted the world's attention, including weakening the power of the President, strengthening the power of the Congress and further protecting human rights. In particular, the establishment and successful operation of the new independent constitutional court have played an important role in promoting South Korea to become a more democratic and free society.
The Constitution of the Republic of Korea consists of a preface, 130 and six supplementary provisions, which are divided into ten chapters: general program, civil rights and obligations, Congress, administration, courts, constitutional court, election management, local government, economy and constitutional amendment.
The basic principles of the Constitution of the Republic of Korea include: national sovereignty, separation of powers, peaceful and democratic reunification of North and South Korea, the pursuit of international peace and cooperation, the rule of law and the state's responsibility to improve national welfare.
The Constitution stipulates a free and democratic political order. In the preface, it not only states that the purpose of the Republic of Korea is to "further strengthen basic freedoms and democratic order, but also includes decentralization and the establishment of a country ruled by law. The two important views of the constitution on the political system are: first, the constitution adopts the presidential system, supplemented by the principle of parliamentary system; Second, the constitution provides special rights and protection for political parties, and at the same time stipulates the obligation not to endanger freedom and democratic political order. "
Article 10 of the Constitution stipulates that "the Constitution guarantees the value and dignity of all citizens as human beings and the right to pursue happiness. The state has the responsibility to recognize and ensure that individuals enjoy basic and inviolable human rights. " According to this basic provision, the Constitution endows individuals with civil, political and social rights, which is also the norm in the most civilized countries.
Its main contents include: equality before the law, individual freedom, the right to a quick and fair trial, freedom of migration, freedom of choosing a job, privacy, freedom of religious belief, freedom of speech and association, and the right to enjoy subordinate political rights such as voting rights and holding public office.
In addition, the state also guarantees citizens to enjoy various social rights, such as the right to education, the right to choose a job, the right of workers to form independent associations, the right of workers to collective bargaining and collective action, and the right to enjoy a healthy and pleasant environment.
All these rights cannot be written into the constitution without omission. Article 37 of the Constitution stipulates that the basic rights of citizens cannot be ignored because the Constitution does not list them in detail. Article 37 of the Constitution stipulates that this right can only be restricted by law when it is necessary to safeguard national security, law and order or public welfare, but it shall not infringe upon the essence of freedom or rights.
The constitution also clearly stipulates the basic obligations that all citizens should perform, namely, tax payment obligations, work obligations and national defense obligations under the conditions prescribed by law.
What is noteworthy in the current Constitution is the establishment of the Constitutional Court to protect the Constitution and safeguard citizens' basic rights.
The judicial power of this independent institution is divided into five aspects: ruling on the impeachment of the president, the prime minister and judges; Decided to dissolve the party; Review the consistency of legislation with the Constitution; To resolve the authority disputes between state organs, between state organs and local governments, and between local governments; Ruling on the extension of the Constitution.
The Constitution guarantees individual property rights through the state, encourages enterprises and individuals to exert their creativity and enjoy freedom in the economic field, so as to realize a free market economy. It also stipulates that the state can regulate and coordinate the economy, maintain the stability and coordinated development of the national economy and realize economic democratization.
Constitutional amendment needs a special procedure different from other legislation. Only the President or most members of Congress can propose to amend the Constitution. The president must make the constitutional amendment public. The constitutional amendment can only take effect after the unanimous adoption of the National Assembly and a referendum. More than two-thirds of the members of the National Assembly agreed that the referendum would be valid only if more than half of the legitimate voters voted in favour.
president
The President of the Republic of Korea is the chief executive and head of state, representing the country in foreign affairs. The president is elected by equal, direct and secret ballot throughout the country.
The president's term of office is five years, and he cannot be re-elected. The law that the president cannot be re-elected ensures that no individual can stay in power for a long time. According to the Constitution, when the President is disabled or dead, the Prime Minister or members of the State Council will temporarily act as the President.
The president has the supreme power of state administration. According to the current system, the president plays six main roles.
First of all, the president is the head of state, the representative and symbol of the whole country in administration and foreign relations, and is responsible for receiving foreign diplomats; Awarding awards and honors; An order to preside over an amnesty ceremony. The President has the obligation to safeguard national independence, territorial integrity, national continuity and the Constitution. In addition, the president's special mission is to strive for the peaceful reunification of South Korea.
Second, the President, as the highest administrative official, has the responsibility to implement the laws passed by the legislature and to implement them by issuing orders and instructions. The President has full authority over the State Council, various advisory bodies and administrative departments. The President has the power to appoint officials of the Republic of Korea, including the Prime Minister and the Chief Executive.
Third, the president is the commander-in-chief of the national armed forces, and Shenzhen has extensive power to formulate military policies, including the right to declare war.
Fourth, the president is the leader of the main political party with national organizations, and he can appoint senior officials in the administrative department on the recommendation of his own party.
Fifth, the president is the chief diplomat and foreign policy maker. The president has the right to sign treaties and appoint, receive and dispatch diplomatic envoys, and sign peace agreements with foreign countries.
Finally, the president is the main policy and law maker. He can introduce legislative bills to the National Assembly and explain his views to legislators in person or in writing. The president has no right to dissolve the parliament, but the parliament can use the impeachment procedure according to the constitution, so that the president is ultimately responsible for the constitution.
State administrative agencies
According to South Korea's presidential system, the president exercises administrative functions through the State Council composed of 15-30 people and presided over by it. The president is fully responsible for deciding the important policies of the government.
The Prime Minister is appointed by the President, but must be approved by the National Assembly. As the president's main administrative assistant, the prime minister supervises the work of various ministries and manages the work of the national adjustment office under the leadership of the president. The Prime Minister has the right to participate in the formulation of important national policies and attend various meetings convened by the National Assembly. The Prime Minister has the right to handle affairs on behalf of the President according to his orders and issue decrees in his own name. The Prime Minister has the right to propose to the President the appointment and removal of members of the Council of State.
Members of the Council of State are appointed by the President on the recommendation of the Prime Minister. Members of the State Council have the right to lead and supervise their own administrative departments, plan important state affairs, represent the president's seat at the National Assembly meeting and express their views. Members of the Council of State are collectively and individually accountable only to the President.
In addition to the Council of State, the President also has two directly affiliated departments, namely the Supervision Bureau and the National Intelligence Agency, which are responsible for formulating and implementing national policies. The leaders of these two departments are appointed by the president, but the president's appointment of the president of the procuratorate must be approved by the National Assembly.
The Audit Bureau was established in 1963, and is responsible for examining the accounts of central and local government organs, state-owned enterprises and relevant organizations. The procuratorate also has the right to investigate the abuse of power by government departments and the dereliction of duty of government officials. Although the procuratorate is only responsible to the president, it also reports the investigation results to the National Assembly when reporting to the president.
The National Intelligence Agency was established in June, 196 1, formerly known as KClA. Responsible for collecting domestic and foreign strategic intelligence, planning and coordinating government intelligence and security activities, and engaging in anti-* * * activities.
Government reform
After Kim Dae-jung took office, the new government has been boldly carrying out government reform. The main purpose of government reform is to reorganize the administrative system to meet the needs of the people in the next century, and to establish a small and capable government by transferring some work of the central government to non-governmental organizations and local governments.
According to the reform plan drafted by the Ministry of Administration and Self-government, it is estimated that 87,500 government employees or 30% of all local governments will be laid off. In addition, local state-owned enterprises should also reduce their staff size, and dozens of affiliated economic entities of local governments will be closed.
As an important first step of this reform, Kim Dae-jung's government reduced the number of ministerial posts from 33 to 27, and the number of deputy ministerial posts from 67 to 63.
According to the plan made by the Planning and Budget Office, by 2002, 40 of the 55 subsidiaries of government-invested 19 large enterprises will be privatized, and the subsidiary of South Korea Tunxin Company, which is included in the government restructuring plan, is no exception. By the time the reform plan is completed in 2002, the Korean government will only operate 65,438+03 parent companies (now 24) and 8 subsidiaries (now 75).
Reforms in various fields are being carried out seriously. These reforms include government restructuring, privatization of state pension companies, downsizing of government institutions and management reform.
laws and regulations
Congress is a unicameral legislature, and the legislative power belongs to Congress. There are 273 members elected by the National People's Congress for a term of four years.
Members elected by the national vote account for five-sixths of the total number of members of parliament, and the remaining seats are distributed proportionally to political parties that win five or more seats in direct elections. Members appointed by these political parties represent national interests rather than local interests in the parliament, so they are called "national constituency members".
Parliamentary candidates must be at least 25 years old. Each constituency elects a candidate by a majority vote. At present, there are 227 seats in the National Assembly elected by the people, and 46 seats are allocated to political parties in proportion.
As legislators of the country, members of Congress enjoy the usual privileges. Members are not responsible for their speeches and votes in Congress outside Congress. During the session of the National Assembly, members of the National Assembly shall not be arrested or detained without the permission of the National Assembly, unless they commit heinous crimes.
If a member of parliament is arrested or detained before the National Assembly is convened, he must be released at the request of the National Assembly, except for crimes with obvious crimes.
In addition to enjoying the above privileges, members of parliament are subject to some restrictions. Members cannot hold positions prohibited by law at the same time, nor are they allowed to abuse their positions and privileges. In addition to some activities stipulated by law, Q members can engage in paid activities outside Congress. But at all times, members must maintain a high degree of honesty and integrity.
Congress is divided into regular sessions and special sessions. According to the law, regular meetings are held once a year, and special meetings are held at the request of the President and more than a quarter of the members of Congress. The duration of regular meetings shall not exceed 100 days, and the duration of special meetings shall not exceed 30 days. If the president asks Congress to hold a special session, he must specify the duration and explain the reasons for the request.
Unless otherwise stipulated by the Constitution and laws, the National Assembly can make binding decisions only if more than half of the members present at the meeting and more than half of the members present at the meeting vote for it. If there is a tie in the voting result, the bill will be regarded as rejected by Congress. The legislative meeting shall be open to the public, but this provision may not be considered with the consent of more than half of the members present or when the Speaker considers it necessary in consideration of national security interests.
The Constitution entrusts Congress with many functions, but its main function is to make laws. Other functions include approving the national budget, foreign policy affairs, declaring war on foreign countries, sending troops abroad, stationing troops at home, supervising state affairs, investigating special state affairs and impeaching.
Impeachment motions can only be proposed with the consent of more than one third of the members of the National Assembly. The impeachment motion requires a majority vote. The motion to impeach the president can only be put forward with the consent of more than half of all the members, and it can only be established with the approval of more than two-thirds of all the members.
The National Assembly has 1 speaker and 2 deputy speakers with a term of two years. The Speaker presides over the plenary session, represents the legislature and supervises the administration of the National Assembly. The deputy speaker is the speaker's assistant and acts as the speaker in his absence.
permanent committee
The National Assembly has the following 16 committees: the National Assembly Steering Committee, the Legislative and Judicial Committee, the National Policy Committee, the Finance and Economic Committee, the Unification and Foreign Trade Committee, the National Defense Committee, the Administrative and Autonomous Committee, the Education Committee, the Scientific Committee, the Technology, Information and Communication Committee, the Culture and Tourism Committee, the Agriculture, Forestry, Marine and Fisheries Committee, the Industrial Resources Committee, the Health and Welfare Committee, and the Environment and Labor Committee.
The chairman of the Standing Committee of the National Assembly is elected from among the members of each committee, and the number of members of each committee is allocated according to the provisions of the National Assembly.
The chairman of the Committee is responsible for mastering the procedures, maintaining order and representing the Committee. All bills and requests shall be submitted to the Standing Committee for examination. These committees are the main forums for the ruling party and the opposition party to discuss different opinions.
According to the current national assembly law, political groups with more than 20 members can form a consultative group and act as a consultative unit in the consultation of parliamentary political parties.
If there are more than 20 non-party members, a separate consultative group may be formed. Each consultative group shall designate its own team leader and organization secretary to be responsible for negotiations and consultations with other consultative groups.
The leaders of the Consultative Group met to study the work of the National Assembly, the plans and schedules of plenary meetings and committees.
Referee
Korean courts are divided into three levels, namely, Grand Court, High Court and Local Court, including Special Family Court and Administrative Court. Courts at all levels are responsible for trying civil, criminal, administrative, electoral and other legal affairs, and at the same time supervising matters related to real estate registration, census registration, security deposit and judicial notarization.
The Grand Court in Seoul has the final decision on the legality of administrative decrees, regulations and disposal. As the highest court, the Grand Court hears appeals against decisions made by the Court of Appeal, local courts, family courts and military courts.
The Chief Justice is appointed by the President, but subject to the consent of Congress. Other judges of the Grand Court are recommended by the Chief Justice and appointed by the President. The term of office of a justice is six years, and it is not renewable. He must abdicate at the age of 70. Other judges of the Grand Court have a term of six years and can be re-elected according to the law, but they must abdicate at the age of 65.
By exercising intermediate appeal jurisdiction, the High Court hears appeals against decisions made by local courts and family courts, and exercises the power of first instance to accept special cases stipulated by law.
The patent court, as an intermediate judicial organ that accepts appeals, examines the decisions made by the patent office. The Grand Court is the highest court to adjudicate patent disputes.
Local courts make preliminary judgments on most cases. There are local courts in Seoul and the following 12 cities: Incheon, Shui Yuan, Chuncheon, Daejeon, Cheongju, Daegu, Busan, Changwon, Ulsan, Gwangju, Jeonju and Jeju.
The Family Court hears cases concerning marriage, smoking, teenagers and other families. The administrative court only accepts relevant administrative cases.
The local courts outside Seoul also exercise the functions of administrative courts in this region. In addition to the above courts, there are also military courts. Military courts try cases of crimes committed by members of the armed forces and their civilian employees.
Constitutional court
After 1987 successfully launched the democratic movement, the Constitutional Court was established in September 1988 according to the current constitution. In addition to the Grand Court, the framers of the Constitution also set up independent special courts according to the European model to fully protect the basic rights of citizens and effectively restrain the power of the government.
The Constitutional Court determines the consistency between laws and the Constitution, adjudicates power disputes between government entities, adjudicates individual complaints against the Constitution, makes a final decision on impeachment, and adjudicates the dissolution of political parties.
The Constitutional Court has nine judges with a term of six years and can be re-elected.
The court works in a five-story dome building in Hancheng, which won the Korean Architecture Award.
By1June 65438+July 3 1 day, the court had tried 3469 cases. Among the 2,565,438+0 cases, including 65,438+082 cases involving the consistency between the law and the Constitution, one case was declared unconstitutional. The above figures show that the courts have been actively defending the Constitution.
local government
Article 1 17 of the Constitution of the Republic of Korea stipulates that "local governments are responsible for handling the welfare affairs of local residents and managing their property, and may formulate rules and regulations for local autonomy within the scope of laws and regulations".
The Law on Local Autonomy has been revised several times since it was passed in 1949. Three local elections were held before the dissolution of all local councils by a military coup in May 2006 196 16.
In 1970s and 1980s, the rapid development of local economy increased the tax revenue of many local governments, and at the same time, the voice of increasing administrative departments became louder and louder. In order to effectively meet this requirement, the central government began to encourage feasibility studies in the mid-1980s and planned to restore local autonomy. Since 1985, Korea has held many public hearings and seminars, and articles and books on this topic have also begun to appear.
1988 the central government announced the revision of the local autonomy law. According to the new law, Hancheng Special City, five municipalities directly under the Central Government and nine provinces are designated as high-level local governments. The districts and counties of Han cities and municipalities directly under the Central Government are designated as low-level local governments.
Unless otherwise provided by law, local community leaders are responsible for the administrative affairs of their respective cities, towns or regions. Local administrative functions include: functions entrusted by the central government; Managing public property and facilities; Assessing and collecting local taxes; Manage various charges, services, commodities and other administrative affairs of the local community. Local governments at all levels have a member of the Education Committee, who is responsible for dealing with the affairs related to the education and culture of each community.
1991March, South Korea held its first local Council election to elect local councils of small administrative units (districts of small cities, cities and big cities). 1991June, the local councils of large administrative units (big cities and big roads) were elected. The revised law empowers local councils to inspect and audit local governments, which enhances the power of these new institutions.
Three years after the first local election was held in 1995, the second extensive local election was held in 1998 in June. Starting from 1998, local elections are held every four years. At present, there are 16 provincial governments and 232 low-level local governments (municipal governments) in Korea.
Daofu lies between the central government and the municipal government, and its administrative organ is the miniaturized administrative organ of the central government.
The municipal government provides services to residents through administrative agencies. Every municipal government has several district governments. The district government is the agency of the municipal government, which is specifically responsible for handling the needs of voters. The district government is mainly responsible for daily simple administrative and social services.
Special and complicated affairs are directly handled by the municipal government. Some major issues, such as public safety, road signs, fire prevention, public schools, litigation and punishment, are directly solved by the central government or provincial governments through their institutions.