Constitution of South Korea

The preamble of the Constitution of South Korea states that the document was established in the spirit of "upholding the cause of the Provisional Republic of Korea Government",[3] the Korean government exiled after the imposition of Japanese colonial rule of Korea. As such, the founding document of the provisional government—The Provisional Charter of Korea—serves as the basis for the current constitution.[4] Promulgated in 1919, the charter first gave the country the "Republic of Korea" name and laid out the ideas forming the backbone of later South Korean constitutions.

These ten articles are:[5]

1. The Republic of Korea is a democratic republic country.
2. The Republic of Korea should be governed by the provisional people of the provisional government.
3. All citizens of the Republic of Korea are equal without gender, wealth and stratum.
4. All citizens of the Republic of Korea have the rights to be free of religion, media, writing, publishing, association, assembly, the charge of address, body and ownership.
5. The citizens who have the qualification of the citizen of the Republic of Korea have a right to vote and to be elected.
6. The citizens of the Republic of Korea have a duty to education, taxation, and military service.
7. The Republic of Korea will join the League of Nations in order to exert its founding spirit in the world and to contribute to human culture and peace by the will of God.
8. The Republic of Korea gives preference to the old imperial family.
9. The Republic of Korea forbids the punishment of life, body, and licensed prostitution.
10. The Provisional Government convenes the National Assembly within one year after the restoration of the country.

South Korean Bill of Rights (or fundamental right) is Constitution CHAPTER 2. RIGHTS AND DUTIES OF CITIZENS (4-687) Individuals may not be punished, placed under preventive restrictions, or subjected to involuntary labor except as provided by law. Those detained or arrested must be informed of the reason and of their right to an attorney, and family members must be informed. Warrants must be issued by a judge "through due procedures," and accused persons may sue for wrongful arrest in certain cases.

In Article 119, stable and balanced growth rates, "proper distribution of income", and preventing "abuse of economic power" are explicitly listed as goals of the government. The regulatory goal to "democratize the economy through harmony among economic agents" in the same article reflects the strong prevalence of traditional Korean values and the close relationship between politics and the economy. Article 125 designates foreign trade as a strategic area to be fostered, regulated and coordinated by the government. The Constitution affirms both the right and the duty to work, requiring regulation of minimum wages and working conditions. Workers have the right to independent association, collective bargaining, and collective action.

Article 5 (2) of the Constitution stipulates that "the ROK military shall fulfill the sacred duty of national security and defense of the nation, and its political neutrality shall be obeyed" .

Education promotes the potential of individuals so that individuals can develop their personality in each area of life. In view of the important functions of education, Article 31(6) of the Constitution stipulates to specify in the law about the basic laws and regulations about the education system and its operation, education finances and the status of teachers.

Political neutrality of public officials is specified in the law. Article 6(2) of the Constitution stipulates that "The status and political neutrality of public officials shall be guaranteed by law". Also, Article 9(1) of the Public Service Elections act regulates that Public servants or any other person (including any organization or organizations) that is required to be in a political neutrality shall not engage in any unfair influence on the election or otherwise act on the election results. Article 65 of the Public Officials Act (Prohibition of Political Movement) Section 2 regulates that Public officials shall not engage in the following activities to support or oppose a specific political party or a particular person in an election. 1. To make an invitation to vote or not 2. Pray, preside, or recommend the signatory movement. 3. To publish or post documents or books to public facilities 4. To make a donation recruitment, or to use public funds 5. To encourage others to join or not to join a political party or other political organizations

Articles 111 through 113 of the Constitution of the Republic of Korea refer to the Constitutional Court.[9]

• Article 111 : This article stipulates the enforcement of the Constitutional Court and the qualifications and appointments of the Constitutional Court Judges.
  • Article 111(1) : Paragraph (1) of Article 111 sets the Court's jurisdiction, as Judicial review on constitutionality of statute, review of all Impeachments, decision on Prohibition and Dissolution of political parties, competence dispute about demarcation of power among central government agencies and local governments, and adjudication of constitutional complaint. For more information, see jurisdiction.
  • Article 111(2), (3) : Paragraph (2) and (3) of Article 111 sets qualification and appointment process of Justices of the Court. Number of Constitutional Court Justices are exactly stipulated as nine, according to paragraph (2) of Article 111. For more information, see Justices of the Court.
  • Article 111(4) : This paragraph sets appointment process for the President of the Court. For more information, see the President of the Constitutional Court of Korea.
• Article 112 : This article stipulates term and ethical obligations of Constitutional Court Justices and guarantee of their status.
  • Article 112(1) : Paragraph (1) sets term of the Constitutional Court Justices as renewable six years.
  • Article 112(2) : Paragraph (2) specifies ethical obligations of the Constitutional Court Justices. To protect political neutrality, they should not join any political party, nor shall participate in political activities.
  • Article 112(3) : Paragraph (3) guarantees that Constitutional Court Justices cannot be removed at will from their office. Unlike Justices at the Supreme Court of Korea, Constitutional Court Justices enjoy more reinforced guarantee of status since they cannot be ordered to retire due to unbearable mental or physical impairment. For more information, see article 106(2) of the Constitution[9] and the tenure of Supreme Court Justices.
• Article 113 : This article provides constitutional ground for quorum and organizational autonomy of the Court.
  • Article 113(1) : According to the paragraph (1) of the article, to make decision upholding requests for the Adjudication, or to change precedent, the Court needs votes from at least six Justices among quorum of at least seven Justices. For more information, see Quorum of the Court.
  • Article 113(2) : This paragraph empowers the Court to enact sub statutory rules for internal issues, including specific process of adjudication and other organizational issues inside the Court. As one of highest constitutional institution of South Korea,[13] the Court enjoys organization autonomy from other constitutional institutions.
  • Article 113(3) : This paragraph is constitutional ground for statute called 'Constitutional Court Act', which regulates and specifies exact boundary of jurisdiction, autonomy and power of the Court.[14]