The Constitution of Korea
To enable each person to exert his capacities to the fullest in fulfilling his responsibilities in life, without preventing similar action by others, this Constitution is promulgated.
Article 1. Rights of the People
Governmental powers emanate from the people and shall not deprive the people of:
The following freedoms:
Of religion
Of speech
Of the press
Of peaceful assembly
From searches and seizure of person or property except by court order. Private domicile shall be protested.
From arrest without court order, except when apprehended while committing a crime.
The following rights:
To petition the government.
To a speedy impartial public trial when accused of a crime.
To be informed of charges against him.
To be faced by his accusers.
To question the witnesses against him.
To examine all evidence considered by the court.
To have the assistance of legal counsel for his defense.
To prevent evidence to the court in his favor.
To use the power of the court to obtain the presence of witnesses.
To earn a livelihood by lawful work.
To move both person and goods freely within the national territory.
The people shall not be deprived of other rights which are not enumerated in this article.
Article 2. Limitations on Governmental Powers.
The government shall not:
Create any religious establishment.
Require any person to participate in any forms, ceremonies or organization of any religion or to observe any religious days.
Prohibit or regulate the exercise of religious belief or worship, the appointment or functioning of any priest, teacher or leader of any religious organization, or form of religious instruction. Use funds to aid or support any form of religion.
Permit any form of worship of the State to be practiced within the national territory. The worship of the State is declared to be no religion.
Impose cruel punishments, permit torture, assess excessive fines, or as a punishment confiscate private property, or deprive any person of civil rights.
Legalize polygamous or plural marriages.
Legalize any discrimination against any person on account of race, creed, class, sex or political beliefs.
Require for the enjoyment of any civil or political rights qualifications based upon race, creed, class, sex or political beliefs.
Absolve any official of the necessity of answering for his official acts.
Quarter armed forces in any private home during peace without the consent of the owner or during war except in accordance with law.
Deny any person the equal protection of the laws. All persons are equal before the law. No distinction of classes shall be recognized.
Require a person in a criminal case to be a witness against himself or to be tried more than once for the same crime.
Take private property except for public use. When taken for public use fair compensation shall be paid.
Punish a person for debt.
Impair a contract by governmental action.
Enslave a person or compel or permit involuntary survitude, except as punishment after conviction for crime.
Restrict private instruction.
Deny the right of forming voluntary associations. But such associations may be regulated by law in protection of the rights of the public.
Expend public funds except pursuant to appropriations by the Congress.
Permit a person to hold more than one position in the government at the same time.
Permit a person who has been convicted of felony (crime punished by more than five years imprisonment) and has not been pardoned to exercise any civil rights or hold any governmental office.
Tax the people inequitably or except according to law. Taxes shall be levied uniformly according to reasonable classifications.
Alienate natural resources of national importance.
Grant any title of nobility or hereditary title or benefit.
Establish or permit to exist any private monopoly except patents, trade marks and copyrights.
Deprive any person of his life, liberty or property except in accordance with law.
When any person or his attorney complains to any court that he is being unlawfully detained, the court shall immediately ascertain the true facts, order the person in whose custody such person is held to certify in writing to the court the cause of the detention, and to being the person who is being held before the court. Unless the person is being lawfully held, the court shall immediately order his release. This right shall not be suspended except during war or rebellion and when the cabinet shall determine that public safety requires such suspension.
No court shall order arrest, search or seizure of property except upon evidence of probable crime supported by a certificate of the person requesting the order. The order shall particularly describe the place to be searched and the person or property to be seized. No person shall be deprived of his property without an impartial public trial.
Article 3. The Executive Organ
Section 1. The executive organ of the government shall consist of the offices of the:
President
Vice President
Ministers of state
Civil Administrator
Law Officer
Inspection Officer
Civil Service Officer
Administrative Officer
Governors of Executive Departments
Provincial Governors
The Vice President and the Ministers of State shall constitute the Council of State.
Section 2. Election of President and Vice President.
The President and Vice President shall be elected by the majority vote of the members of the Congress.
Section 3. Succession to the Presidency.
When for any cause the office of the President is vacant, the Vice President shall succeed to that office. If such succession for any reason fails, the Congress shall immediately fill such vacancy for the unexpired term. Until the Congress acts, the Chairman of the Congress shall act as President.
Section 4. Term of Elective Office.
The term of office of elective officers (both executive and legislative) shall be three years, unless terminated by a vote of no confidence by the Congress. When the Congress votes no confidence, all elected officers, including members of Congress, will continue to hold office only until their successors are elected at the ensuing national election and until the new President has assumed office. All elective officers when otherwise qualified to hold office may be elected to succeed themselves any number of times. There shall be no restriction upon the number of times a person may be elected to hold governmental office.
Section 5. Declaration of Allegiance.
The President, each executive officer, the Chief Justice and each justice of the Supreme Court shall assume the duties of their office by a public declaration in the presence of the members of the Congress in the following form:
“I do hereby pledge my honor as a citizen of Korea to obey and execute the Constitution and the laws of the land, to maintain the government in accordance with law, and to defend the nation against internal or external enemies.”
At the opening meeting of the Congress annually the members shall assume their duties by the same public declaration in the presence of each other. New members of the Congress shall assume their duties by the same public declaration. Upon appointment to office each judge and prosecuter shall assume their duties by the same pubic declaration in a court room as their first official act. Wardens of penal institutions shall assume their duties by the same public declaration before a judge of a court of the district in which the warden will serve. This public declaration shall be required of every official of the government by a superior official before assuming office.
Section 6. The Removal of Executive officers.
The President and other executive officers shall be removed from office upon conviction by the Supreme Court upon an original trial for illegal official action upon the formal complaint of the President or of any twenty five members of the Congress or upon conviction for a felony by any court and upon exhaustion of appeals. The President may remove at any time any official appointed by him without reference to the civil service laws or regulations, except the Chief Justice and Justices of the Supreme Court and the judges of the Courts of the Review. He shall remove any justice, judge, prosecutor, or penal official upon his conviction for a felony, for insubordination to a superior officer or for scandalous conduct unbecoming an officer of the courts or penal institutions. The Supreme Court shall have original jurisdiction to decide any contest of the validity of the removal of a justice or judge.
Section 7. The President.
The President is the chief executive officer. He shall have the following powers and duties:
To execute the Constitution and laws enacted by the Congress;
To preside at all meetings of the Council of State, joint meetings of the organs of the government, and official functions;
To receive diplomatic and consular representatives of other nations;
To appoint from among candidates qualified under civil service laws and regulations, subject to the conditions expressly stated:
Diplomatic and consular officers, from among persons nominated by the Governor of the Foreign Affairs Department. The appointment of the chief diplomatic representative to any country shall be effective only after the approval of the majority of the members of the Congress.
The Civil Administrator.
The Civil Service Officer.
The Administrative Officer.
The Governors of the Executive Departments, when vacancies hereafter occur. The Governors of the Executive Departments who are in office when the President assumes office may be removed only under the provisions of Section 6 of this Article.
To appoint without reference to the civil service laws or regularations but subject to the approval of the majority of the members of the Congress, the following officials :
The Ministers of State, who for one year after the first President assumes office shall be seven. Thereafter the number may be increased or decreased by vote of the majority of the members of the Congress.
The Chief Justice and Justices of the Supreme Court and the judges of the Courts of Review.
The Law Officer.
The Inspection Officer.
The Provincial Governors.
To appoint persons to hold other positions in accordance with his power of appointment as provided in the law creating such positions.
To pardon criminals when justice requires, but amnesty shall not be granted except pursuant to a law adopted in each case;
To declare war, with the approval of both the majority of the members of the Council of State and majority of the members of the Congress;
To negotiate treaties which shall become effecttive only after the approval of the majority of the members of the Congress, whereupon such treaties become part of the laws of the nations. No agreement which has not been so approved by the Congress shall have any effect. The recognition of a foreign nation of government shall be accomplished only by a treaty;
To inform the Congress in writing of the condition of the nation, which report shall be made at the opening meeting in each year. The President may, if he elect, appear personally before the Congress to present such report.
To propose and sponsor legislation in the Congress which he deems necessary or expedient. The Congress shall vote thereon whether or not any Congressional Commitee favorably reports the proposed legislations.
To review every proposal for legislation by members of the Congress and to sponsor or determine not to sponsor such legislation.
Section 8. The Vice President.
The Vice President as assistant to the President shall coordinate for submission to the President all advice and recommendations by executive officers concerning national policies. He shall supervice the Civil Administrator. The Ministers of State shall report to the President on matters of national policy through the Vice President.
Section 9. The Ministers of State
The Ministers of State shall advice the President on matters of national policy. They shall not be assigned permanent duties or portfolios, but shall be ministers without portfolio. They shall not be charged with operational functions. In connection with meetings of the Council of State and President may require the performance of designated duties. They are charged with the high responsibility of conceiving and coordinating advice and recommendations on national policy. They shall reserve their high positions to policy matters and shall not concern themselves with the execution of policy by the Executive Officers or Departments.
Section 10. The Civil Administrator.
The Civil administrator shall supervice, under the immediate direction of the Vice President, the Administrative Officer, the Civil Service Officer, the Inspection Officer, the Governors of the Executive Departments and the Provincial Governors. All communications between the Executive Departments and Provincial governors on routine matters shall clear through the Office of the Civil Administrator for analysis, record, coordination and administrative control. The Civil Administrator shall, in the name of the President require the execution by the Executive Departments and the Provincial Governors of the policies established by the President under laws enacted by the Congress as they affected the respective Departments, Bureaus, and instrumentalities of the government. Although planning is the responsibility of each Executive Department, the Civil Administrator shall expedite and correlate without duplication the planning activities of the Executive Departments.
Section 11. The Law Officer.
The Law Officer is the legal adviser of the President and of the Council of States. He shall advice the President upon policies affecting the national law establishment and the administration of law, regarding the best qualified persons for appointment as justices of the Supreme Court, judges, prosecutors and other law, enforcement officers, and concerning the legality of national policies.
He shall pass upon the language, form legal authority for the issuance and legal effectiveness of all official documents of the government that are sealed and documented, except orders and decisions of the courts. He shall represent the government in all cases before the courts. Legal positions in the government shall be held by qualified lawyers in good standing in the National Bar Association. Within the office of the Civil Administrator, he shall appoint and supervice a staff of lawyers to furnish legal advice to Executive Officers and Departments, diplomatic and consular officers, and Provincial Governors, to conduct legal research, render legal opinions, and draft all legal documents of the government, legislation and regulations.
Section 12. The Inspection Officer.
The Inspection Officer is the adviser of the President concerning the integrity and efficiency of governmental agencies and personnel. Within the office of the Civil Administrator, he shall appoint and supervice a staff to audit all governmental income, expenditures and financial transactions, and shall report in writing to the President and to the Congress on or before the last day of March of each year the results of his audit of the proceeding calendar year. He shall inspect the efficiency of all governmental operations and reader confidential reports thereon from time to time to the President, but the President may be required by the vote of the majority of the members of the Congress to deliver any such report to Congress, in which event it may be used as evidence, if otherwise admissible, in any trial of any governmental official in any court. The Inspection Officer shall be immune from any liability, criminal or civil, for any statement contained in any report to the President, unless a court shall adjudge that the statement was made by him with knowledge of its falsity and with malice. The staff of the Inspection Officer shall be appointed without regard to civil service laws or regulations and shall have the same immunity from liability.
Section 13. The Civil Service Officer.
The Civil Service Officer is the adviser of the President concerning the classification, qualifications, and remuneration of governmental personnel. Within the Office of the Civil Administrator, he shall appoint and supervice a staff to apply the principles of a merit system of appointment and promotion. He shall execute all civil service laws enacted by the Congress, and shall issue regulations necessary or expedient for applying such principles. He shall appoint and supervice the personnel of provincial and local offices which he may establish.
All persons employed by the Government shall be required to pass civil service examinations designed to establish their loyalty and fitness to hold positions to which they are appointed, except elected officials, lawyers in good standing in the National Bar Association (when appointed to legal positions in the Law Office of the Government, the Department of Justice, or as justices, judges, or prosecutors), expert advisors of foreign nationality, experts specially retained for temporary purposes and other positions excepted by the Constitution.
Civil Service employees may not be removed from office, except for insubordination, failure to perform their duties satisfactorily, or other unsatisfactory conduct as established by civil service laws or regulations. But upon a reduction of force civil service employees may be suspended until positions of like seniority, classification and pay become available or are created. Civil service employees shall have a preference in the filling of positions of higher classification and pay if they are qualified for the appointment and have an efficiency rating higher than satisfactory.
All cooperative or statutory pension or mutual benefit funds affecting governmental employees shall be administered by the Civil Service Officer.
Section 14. The Administrative Officer.
The Administrative Officer shall supervice under the immediate direction of the Civil Administrator, the following administrative services of the Government:
Central Files
Documentation Offices
Official Mail Rooms
Official Gazette Office
Distribution and Message Centers
Capital Library and Branches
Translation Units
Superintendence of Government Buildings
Procurement and Supply Service
Guards, Janitors, and Housekeeping Personnel
He shall issue regulations necessary or expedient for the efficient operation of these services. He shall execute all laws enacted by Congress regarding these services.
Section 15. The Executive Departments
The Executive Department shall be these named below, which shall have the Bureaus named or such different Bureaus as the President determines:
Department of Foreign Affairs, having Bureaus of:
Diplomatic and Consular
Emigration and Immigration
Nationality
Department of national Defense, having Bureaus of:
Armed Forces
Investigation
Police
Department of Commerce, having Bureaus of:
Mining
Industry
Public Works
Labor
Commerce
Patents and Trade Marks
Department of Agriculture, having Bureaus of:
Forestry
Fisheries
Agriculture
Department of Finance, having Bureaus of:
Bank of Korea
Currency
Revenue
Budgets
Insurance
Foreign Exchange
Government Monopolies
Disbursements
Department of Communications, having Bureaus of:
Postal Service
Telephone
Telegraph
Radio
Department of Transportation, having Bureaus of:
Railroads
Ships
Trucks
Busses and Streetcars
Airways and Airlines
Department of Education having Bureaus of:
Higher Institutions
Middle Schools
Elementary Schools
The National Library
Arts and Monuments
Department of Public Health and Welfare, having Bureaus of:
Sanitation
Health
Welfare
Department of Justice, having Bureaus of:
Courts
Penal Institutions
National Bar Association
National Law Library
Court Reports
Department of Public Information, having Bureaus of:
Information
Public Opinion
Section 16. Duties of Governors of Executive Departments.
The Governors of the Executive Departments shall have full and exclusive responsibility for the execution of governmental policies within their respective fields. Each Governor of Each Department shall appoint Directors of the respective Bureaus of the Department, shall have administrative authority within the Department and, when ordered by the President, shall advise the Congress.
The Governor of the Foreign Affairs Department is the adviser of the President of foreign relations. He shall supervise the diplomatic and consular service, the issuance of passports and visas, the entry into or the departure from the national territory of all persons pursuant to laws enacted by the Congress, and all governmental relations with foreign nations. He shall administer the diplomatic and consular service in accordance with civil service laws and regulations.
The Governor of the Department of National Defense shall appoint a Director of the Bureaus of Armed Forces from among the best qualified military or naval officers. Such Director shall have the rank of General or Admiral. The Governor of the Department shall establish and supervise schools for the armed forces, investigation and police forces. He shall issue commissions to qualified officers of the armed forces, and credentials to members of the investigation and police forces.
The Governor of the Department of Commerce shall develop economic research, maintain statistics and disseminate economic information.
The Governor of the Department of Finance shall require the Bank of Korea to perform central banking functions. He shall prepare and submit to the President, on or before the last day of June of each year, a budget for the government for the next calendar year.
The Governor of the Department of Transportation shall develop an integrated system of public transportation by land, water and air. When the government does not own the facilities, he may issue franchises, with the approval of the majority of the members of the Congress, to the owners of the facilities, to operate them in connection with the nationally integrated system.
The Governor of the Department of Education shall provide free and compulsory elementary education. The Congress shall implement this provision.
The Governor of the Department of Public Health and Welfare shall issue licenses to physicians, dentists, optometrists, nurses, midwives and pharmacists. He shall appint the heads of governmental hospitals. He shall develop health programs and disseminate health information. The Governor of the Department of Justice shall appoint with the approval of the President, the judges (other than Justices of the Supreme Court and Judges of Courts of Review), the prosecutors, the chief wardens and administrative officers of the penal institutions, the Librarian of the National Law Library, and the Editor in Chief of Court Reports. Appointments by the Governor of the Department of Justice, of judges and prosecutor, shall be from nominations made by the Central Council of the National Bar Association. He shall supervise the administrative and nonjudicial function of the courts and judges, the activities of the prosecutors, wardens and administrative officers of the penal institutions, the legal training and discipling of lawyers, the training of judicial and court clerk personnel, penal officials and personnel of juvenile institutions and parole and probation boards. He shall supervice the administrative activities of provincial legal officers relative to courts, penal institutions and District Chapters of the National Bar Association. He shall certify the admission of applicants to practice law who have not the requirement for admission to the legal proffession mutually determined by the Central Council of the National Bar Association and the National Judicial Council.
The Governor of the Department of Public Information shall use all means of publicity, press, and radio to inform the people accurately concerning the government. In the issuance of public information, he shall avoid misinformation, partisanship and political propaganda.
Section 17. The Provincial Governors
The Provincial Governors shall have the following powers and duties:
Expedite and correlate under the supervision of the Civil Administrator, the administration of provincial affairs of the national executive departments.
Administer, under the supervision of the Administrative Officer, the administrative services required in the province.
Preside at meetings of the Provincial Civil Administrator and Provincial Directors of the Executive Departments, who shall constitute the Cabinet of the Provincial Governor.
Receive copies of all reports rendered by provincial and local officers to the national government and be informed by provincial and local officers of plans, programs, actions taken and work performed.
With the approval of the Civil Administrator, appoint the Provincial Civil Administrator, who shall assist him in the performance of his duties.
With the approval of the Administrative Officer, appoint the Provincial Administrative Officer, who shall direct the administrative services in the province.
Appoint the staff of his office.
Section 18. The Provincial Councils.
In every province the Mayors of each county and city in the province shall constitute the Provincial Council. When an island within the province is of such size as to have an organization similar to a county the mayor of the island shall be deemed a county mayor. The Provincial Council shall advice the Provincial Governor concerning matters affecting the province. It shall have power to issue regulations for the execution of specific laws when authorized by such law. The Provincial Governor shall preside at meetings of the Provincial Council, which shall be held at the Provincial Capital at least once each month.
Section 19. Qualified Voters.
Persons of more than twenty one years of age, without regard to sex, are the qualified voters in any election for any public office provided by any law of Korea, unless the person has been convicted of a felony and not pardoned, is mentally incompetent, or has not resided for one year in the village or, if residing in a town or city for six months, in the block, in which the name of the person is registered in the official name register.
Section 20. Election of Mayors, Block leaders, and Councils.
Mayors of villages, towns, cities, and counties, block leaders of towns and cities, and members of village, town, city and county councils shall be elected from among the qualified voters of the village, town, city or county in which the officer is elected to serve.
'They shall hold office until their successor is elected and assumes office. All elections of mayors shall be by majority vote. The persons receiving the highest votes for members of councils shall be elected. Mayors of villages and members of village councils shall be elected by the qualified voters of the village.
Block leaders in towns and cities shall be elected by the qualified voters of the block. Mayors of towns and cities and members of town and city councils shall be elected by the block leaders of the town or city. Mayors of counties shall be elected by the mayors of the villages and towns in the county. The County council shall be composed of the mayors of the villages and towns in the county.
The number of members of councils shall be determined as follows:
The village council shall have five members.
The town council shall have not less than five nor more than nine as the block leaders by majority vote shall determine. The city council shall have not less than seven nor more than eleven members as the block leaders by majority vote shall determine, except that cities of more than three hundred thousand population may have a council of not more than fifteen members and cities of more than one million population may have a council of not more than twenty-five members.
Elections under this section shall be held within sixty days after the first President of Korea assumes office and annually thereafter on dates fixed by the Provincial Governor. The results of each election shall be certified in writing immediately to the Provincial Governor by the person claiming the election accompanied by evidence of election. The District Court shall determine election contests or require a new election on failure of proof. Until the first election under this section shall be held the Provincial Governor shall confirm present lawful encumbents or appoint persons to act until their successor is elected.
When for any cause any such office becomes vacant the Council of the unit of government in which such vacancy exists shall elect a person to act until his successor is elected for the balance of the term. Mayors shall appoint with the approval of the Council other officers and employees. Village and Town Officers and employees may be appointed without regard to civil service laws and regulations and may be removed at any time by the mayor.
This section may be implemented by laws enacted by the Congress but the rights of franchise shall not be impaired. Officials elected under this section may be removed under the provisions of Section 6 as other executive officers.
Section 21. Freedom of Election
To prevent by any means the freedom:
(1) Of nominating persons for elective office,
(2) Of being a candidate for election,
(3) Of supporting any such nomination or candidacy by oral or written material,
(4) Of voting secretly and according to the voter's own freewill,
is a violation of the Constitution punishable as a felony as the court may determine.
Section 22. Secret Ballot
Every election for a governmental position shall be conducted by a written or other form of ballot which shall reasonably insure the secrecy of the balloting.
Article 4. The Legislative Organ
Section 1. All governmental power to enact laws shall be exercised by the Congress as the exclusive legislative organ. The Congress shall have exclusive power to enact all laws consistent with the Constitution deemed by it to be necessary and proper for the public welfare and for carrying into effect by the organs, departments or officers of rhe government all governmental powers created by the Constitution. The Executive Organ has power and responsibility for carrying out the policies of the government established by the Constitution and the laws enacted by the Congress. The Judicial Organ has power and responsibility for punishing violations of the laws, enforcing the laws by judicial processes in litigated cases and other judicial proceedings, and interpreting the laws in connection with the decision of any matter. The Judicial Organ shall have no power to annul any law enacted by the Congress. But it shall not enforce in the decision of any case any law which is adjudged by the court rendering the final decision to be a violation of the rights of the people expressly reserved by the Constitution or to exceed the powers of the government as expressly limited by the Constitution. The Congress shall have no power to delegate its law-making power to any other organ or officer of the government. But it may by express enactment authorize any elecutive or judicial agency or officer to provide by regulation for the execution of specifically named laws under reasonably classified situations. No regulation by whomsoever issued shall creats the basis for any court punishing as a criminal act the violation of any such regulation.
Section 2. The Congress shall be composed of members elected as follows:
One representative of each county elected by the majority votes of the village and town mayors. One representative of such city per each one hundred thousand of population or fraction thereof according to the latest census to be elected by the majority vote of all the block leaders.
One representative of Han Sung as the capital city per each one hundred thousand of population or fraction thereof according to the latest census to be elected by the majority vote of all the block leaders.
One representative at large of each province elected by the majority vote of the members of the Provincial Council.
The initial election of the members of Congress shall be completed under the supervision of the Provincial Governor within ninety days after the first President of Korea assumes office. Congress may implement these provisions by enacting an election law. Each member of Congress shall have one vote. When a vacancy in membership in the Congress occurs the Provincial Council of the Province from which such member came shall fill the vacancy for the unexpired term.
Section 3. The Chairman of the Congress shall be elected annually at the opening meeting by the vote of the majority of the members.
He shall:
Preside at all sessions of the Congress, which shall be public.
Name a temporary Chairman, to act for him in his absence.
Direct the procedure of proposing and voting upon proposed legislation.
Supervise the Documents Control Bureau of the Congress.
Do other acts required by his office.
The Civil Administrator shall appoint the original Staff of the Document Control Bureau but the Chairman of the Congress shall appoint persons to fill vacancies ocurring during his term of office.
The Chief of the Document Control Bureau shall:
Maintain a record of all proposed laws. Transmit copies to each member of Congress, to the Congressional Commitee having jurisdiction of the matter and as to legislation proposed by members of the Congress, to the Civil Administrator for departmental analysis and comment. When departmental review delays legislative action more than thirty days, the Congressional Commitee having jurisdiction in the matter may demand in writing the immediate return of the papers from the Civil Administrator.
Transmit departmental analysis and comments to the proper Congressional Commitee.
Perform all secretarial and clerical work of Congressional commitees and Congress. Transmit through the Civil Administrator to the President for review and sponsorship or decision not to sponsor legislation which has been proposed by members of the Congress, and which has been favorably reported by any Congressional commitee. Unless the President shall sponsor the proposed legislation within ten days, the Congress may proceed to vote on the proposed legislation as though the President had decided not to sponsor the proposed legislation.
Maintain the calendar of the dates on which the Congress will vote on proposed legislation, which has been:
(1) Processed as above provided and either sponsored or not sponsored by the President, or
(2) Proposed and sponsored by the President.
The signature of twenty-five members of the Congress is required to propose legislation. The Document Control Bureau shall not accept or process any proposal for a law which is not supported by at least that number of signatures.
Section 4. A majority of the members of the Congress may by a vote on the oral motion of one member or by signing a written demand require any proposed legislation to be placed on the calendar for vote by the Congress even though the Congressional commitee having jurisdiction has not favorably reported the proposed legislation. In such case the legislation shall be presented to the President for sponsoring or decision not to sponsor as though the Commitee has favorably reported the proposed legislation.
Section 5. Prior to a vote by the Congress upon proposed legislation the Law Officer shall draft the proposed law to reflect the policies of the legislation proposed and sponsored by the President, favorably reported by the Congressional commitee or otherwise to be voted upon and to correlate the legislation with existing codes and other statutes. Amendments to proposed legislation shall be processed as other proposed legislation, except amendments to correct technical errors which do not change any policy of the proposed legislation being amended.
Section 6. Every law adopted by the Congress, whether sponsored by the President or not, shall be documented and published in the Official Gazette as part of the laws of the nation. When the Congress votes not to enact any legislation which the President has sponsored, he shall immediately advise the Congress either that he withdraws his sponsorship or request a revote on the same legislation. Such revote will constitute a vote of confidence or no confidence in the President. If on such revote a majority of the members of Congress vote against the legislation, such vote being a vote of not confidence, a national election will be held for all elective officers including all members of Congress.
Section 7. Every law which requires financial expenditures beyond existing budgetary provisions shall contain an amendment of the budget for the purpose and shall enact the necessary revenue measures to finance the operation.
Section 8. Laws in force when this Constitution becomes effective shall remain effective until amended by the provisions of this Constitution or laws enacted by the Congress.
Section 9. At least a majority of the members of the Congress shall be present for the transaction of business, except a smaller number may vote to recess any meeting. Such majority shall constitute a quorm.
Section 10. Except when the Constitution requires the vote of a majority of all the members, action shall be taken by the vote of a majority of the members present when a quorm is present.
Section 11. In organizing the Congress the Chairman shall appoint from among the members commitees of not less than three nor more than seven members on:
Judicial matters
Foreign Affairs
Inspection Reports
Civil Service Affairs
National Defense
Commerce
Finance and Taxation
Communication
Transportation
Education
Public Health and Welfare
Rules and Procedure
General Affairs
At anytime after the first annual session of the Congress, it may determine by the majority vote of the members, the number, the composition, the respective jurisdiction, the powers and duties of Congressional Commitees. At all times approximately one-third of the members of each commitee shall be composed of members which generally vote with the minority group of members of Congress. The Chairman of each commitee shall be selected by the Commitee. Commitee action shall be by majority vote of the Commitee members.
Section 12. The Congress shall not recess more than one week in each month. No member shall draw any expenses on account of any recess. Any adjournment vote shall terminate the annual session of the Congress. The Chairman has power to reconvene the Congress at any time in any year after sixty days after the adjournment of the annual session and shall reconvene the Congress immediately at the request of the President to consider legislation concerning urgent foreign affairs or any national emergency which the President deems to exist or may arise. The Congress shall immediately be reconvened to elect a successor to the President when succession to that office fails. When reconvened for such purposes any action may be taken by the Congress.
Article 5. The Judicial Organ
Section 1. All governmental power to enforce by judicial process the laws enacted in accordance with law, punish violations of the laws, interpret the Constitution, laws and regulations in litigated cases and other forms of judicial proceedings, and make judicial determinations of specific matters, shall be exercised by the Courts as the exclusive judicial organ, which in its judicial processes shall be independent of the Executive organ and Legislative organ. In the enforcement of the laws the courts shall treat the Government of Korea as a judicial person and enforce valid claims against it as against other judicial persons.
Section 2. The judicial organ shall consist of a Supreme Court which shall sit at the National Capital, and have a Chief Justice and four justices, who shall serve for ten years, courts of review, courts of original jurisdiction, and such other courts as the Congress may establish by law as an integral part of the national institution of the courts. The system of courts in existence at the time when the first President of Korea assumes office shall continue until modified by a law enacted by the Congress.
The term of office of judges other than Supreme Court Justices shall be fixed by law enacted by the Congress. No person holding any judicial office may engage in any profession of private enterprise for gain.
Article 6. Coming into Effect.
Section 1. This Constitution shall become effective when the first President of Korea assumes office and may be amended only after eighteen months thereafter. To ratify any amendment proposed by a law enacted by the Congress a favorable vote is required by a majority of the members respectively of the
Council of State
Congress and
At least ten of the Provincial Councils.
